The Delhi High Court has granted interim bail for a period of six weeks to Sameer Mahandru, the founder of 'Indo Spirits,' in connection with the alleged Delhi excise policy scam money laundering case. Justice Chandra Dhari Singh emphasized that freedom is a fundamental right and that the court's discretion in granting bail under the Prevention of Money Laundering Act (PMLA) should not be the last resort.
Mahandru had requested bail on medical grounds, citing life-threatening illnesses that require immediate medical attention. The Enforcement Directorate (ED) opposed the plea, arguing that Mahandru's condition was stable. However, after considering the case, the court recognized the significance of an individual's health and granted him bail for six weeks.
Justice Singh asserted that the right to health is a crucial aspect of Article 21 of the Indian Constitution, which guarantees the right to life. The court referred to the High Court's decision in the case of Vijay Agrawal Through Parokar v. Directorate of Enforcement, highlighting the connection between bail for the "sick or infirm" and the fundamental right to live with dignity under Article 21. The court noted that the discretion to grant bail in PMLA offenses should not be limited to the last stage of critical condition but should also be exercised when adequate treatment is necessary for accused individuals with ailments.
Mahandru will be released upon furnishing a personal bond of ₹10 lakh and two sureties of the same amount. Senior Advocate Vikas Pahwa, along with advocates Dhruv Gupta, Manik Dhingra, and Prabhav Palli, represented Sameer Mahandru, while the ED was represented by advocates Zoheb Hossain, Ankit Bhatia, Vivek Gurnani, and Kartik Sabharwal.
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TAGS: Keywords: Delhi High Court interim bail Sameer Mahandru money laundering case Delhi excise policy scam Justice Chandra Dhari Singh fundamental right Prevention of Money Laundering Act (PMLA) medical grounds life-threatening diseases health condition right to health Article 21 of the Indian Constitution Vijay Agrawal Through Parokar v. Directorate of Enforcement personal bond sureties Senior Advocate Vikas Pahwa Enforcement Directorate (ED) advocates Zoheb Hossain Ankit Bhatia Vivek Gurnani Kartik Sabharwal.
