LexARVIND KEJRIWAL versus DIRECTORATE OF ENFORCEMENT
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[2024] 6 S.C.R. 346 : 2024 INSC 400 Arvind Kejriwal v. Directorate of Enforcement (Criminal Appeal No. 2493 of 2024) 10 May 2024 [Sanjiv Khanna and Dipankar Datta, JJ.] Issue for Consideration Whether the Appellant is entitled to grant of interim bail/release during the pendency of the Appeal challenging his arrest by the Directorate of Enforcement, on account of an intervening factor i.e. 18th Lok Sabha General Elections. Headnotes† Bail – Interim Bail during the pendency of Appeal – Court to consider peculiarities associated with person in question and surrounding circumstances – Appellant has not been convicted, no criminal antecedents – Question of legality and validity of arrest sub judice – Interim bail granted. Held: Appellant arrested on 21.03.2024 by Directorate of Enforcement – Arrest upheld by trial court and High Court – Order and judgment challenged – Questions relating to legality and validity of arrest sub judice – Power to grant interim bail – 18th Lok Sabha General Elections is an intervening factor – More holistic and libertarian view justified – While examining the question of grant of interim bail, courts to consider peculiarities associated with person in question and surrounding circumstances – Appellant is the Chief Minister of Delhi and leader of one of the national parties – He has not been convicted and has no criminal antecedents – Investigation pending since August 2022 – Grant of interim bail to Appellant does not give premium of placing the politicians in a benefic position compared to ordinary citizens – Interim bail granted subject to terms and conditions. [Paras 7, 8, 15] Bail – Grant of Interim Bail – Terms and Conditions: Held: Interim Bail granted subject to terms and conditions – Appellant to surrender on 02.06.2024 – Bail bonds with surety to be furnished – Appellant not to visit the Office of the Chief Minister and the Delhi Secretariat – Appellant bound by statement made [2024] 6 S.C.R. 347 Arvind Kejriwal v. Directorate of Enforcement on his behalf that he shall not sign official files unless it is required and necessary for obtaining clearance/ approval of the Lieutenant Governor of Delhi – Appellant will not make any comment with regard to his role in the present case – Appellant will not interact with any of the witnesses and/or have access to any official files connected with the case. [Para 18] Case Law Cited Siba Shankar Das @ Pintu v. State of Odisha and Another, 2024 SCC Online 410; State of Andhra Pradesh v. Nara Chandra Babu Naidu, Special Leave Petition (Criminal) No. 15099 of 2023 – relied on. Mohinder Singh Gill and Another v. Chief Election Commissioner, New Delhi and Others [1978] 2 SCR 272 : (1978) 1 SCC 405; Mukesh Kishanpuria v. State of West Bengal [2010] 5 SCR 702 : (2010) 15 SCC 154; Sunil Fulchand Shah v. Union of India and Others [2000] 1 SCR 945 : (2000) 3 SCC 409; Dadu @ Tulsidas v. State of Maharashtra [2000] Supp. 3 SCR 703 : 2000 INSC 479; Siddharam Satlingappa Mhetre v. State of Maharashtra and Others [2010] 15 (ADDL.) SCR 201: (2011) 1 SCC 694; Shri Gurbaksh Singh Sibbia and Others v. State of Punjab [1980] 3 SCR 383 : (1980) 2 SCC 565; Central Inland Water Transport Corporation Limited and Another v. Brojo Nath Ganguly and Another [1986] 2 SCR 278 : (1986) 3 SCC 156; Anukul Chandra Pradhan v. Union of India and Others [1997] Supp. 1 SCR 641 : (1997) 6 SCC 1; Anoop Baranwal v. Union of India (Election Commission Appointments) [2023] 9 SCR 1 : 2023 INSC 190; S.R. Chaudhuri v. State of Punjab and Others [2001] Supp. 1 SCR 621 : (2001) 7 SCC 126; K. Ananda Nambiar and Another v. Chief Secretary to the Government of Madras and Others [1966] 2 SCR 406 : AIR 1966 SC 657; State of Maharashtra v. Anand Chintaman Dighe [1990] 1 SCR 73 : (1990) 1 SCC 397; Athar Pervez v. State, 2016 SCC Online Del 6662 – referred to. List of Acts Prevention of Money Laundering Act, 2002; Indian Penal Code, 1860. 348 [2024] 6 S.C.R. Digital Supreme Court Reports List of Keywords Interim Bail; Interim suspension of sentence. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 2493 of 2024 From the Judgment and Order dated 09.04.2024 of the High Court of Delhi at New Delhi in WPCRL No. 985 of 2024 Appearances for Parties Dr. Abhishek Manu Singhvi, Amit Desai, Vikram Chaudhari, Sr. Advs., Vivek Jain, Mohd. Irshad, Rajat Bharadwaj, Karan Sharma, Amit Bhandari, Rishikesh Kumar, Shadan Farasat, M
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