Supreme Court Grants Bail To Amandeep Singh Dhall In Delhi Liquor Policy Case; All Accused In Case Get Bail

The Supreme Court today granted bail to Amandeep Singh Dhall, businessman and director of Brindco Sales Private Limited, in the corruption case arising out of the alleged Delhi liquor policy 'scam'. With this order, all the accused in the liquor policy case -in which AAP leaders Arvind Kejriwal, Manish Sisodia, Sanjay Singh and BRS leader K Kavitha, are also accused- have got bail.

A bench of Justices Surya Kant and Ujjal Bhuyan passed the order while dealing with Dhall's challenge to Delhi High Court's judgment dated June 4, 2024, whereby a Single Judge dismissed his plea for regular bail in the CBI case.

The bench noted that there are approximately 300 witnesses who the CBI proposes to examine and the trial was therefore not likely to be concluded soon. Also, the petitioner has been under custody for nearly 1.5 years. Hence, the bench opined that his  further detention would not serve any purpose.

Dhall was earlier granted bail in the money laundering case related to liquor policy. Senior Advocate Siddharth Dave, appearing for Dhall, submitted that all co-accused have got bail except the petitioner.

During the hearing, Justice Kant told the CBI counsel, that the focus must be on conviction. "Today, the message to hardened, white-collar criminals is that somehow either you remain inside, then get away, nothing will happen. Your conviction rate...you must concentrate on that. The quality of your witnesses needs to be focused on, instead of number," Justice Kant said.

Background

Vide the impugned judgment, the High Court dismissed Dhall's plea for regular bail, stating:

“Considering the overall facts and circumstances of the case, seriousness of the allegations and the evidence collected by the prosecution, and when charges are yet to be framed and evidence is yet to be recorded, and the fact that an FIR already stands registered against the applicant for paying bribe to an officer of Directorate of Enforcement for getting his name removed from the present case, this Court does not find any ground for grant of bail to the applicant, at this stage."

It was observed that Dhall's father had given Rs. 5 crores to a Chartered Accountant for arranging help in Directorate of Enforcement, in respect of the on-going investigation.

“These allegations are prima facie supported by the statements of the witnesses and approver recorded under Section 161 and 164 of Cr.P.C., as well as documentary evidence in the form of recovery of incriminating documents from the premises of applicant, WhatsApp chats, etc."

The High Court further noted how Dhall's role in payment of additional credit notes worth Rs. 4.97 crores was brought out through the statements of various witnesses and approver Dinesh Arora.

“Moreover, since many of the witnesses in this case are well known to the present applicant and the applicant herein was also in contact with influential leaders of Aam Aadmi Party in Delhi Government for hatching conspiracy, this Court holds that the triple test for grant of bail is not satisfied by the applicant herein,” it added.

On September 17, the Supreme Court issued notice on Dhall's plea assailing the Delhi High Court verdict. The same day, Dhall and co-accused Amit Arora were granted regular bail by the Delhi High Court in the money laundering case arising out of the liquor policy 'scam'. Before this order, all persons arrested in the liquor policy case had obtained bail (regular or interim), except Dhall.

Case Title: AMANDEEP SINGH DHALL v. CENTRAL BUREAU OF INVESTIGATION, SLP(Crl) No. 12036/2024

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