In a landmark decision, the Delhi High Court has granted interim bail to prominent liquor businessman Sameer Mahendru in a high-profile money laundering case linked to alleged irregularities in the now-defunct Delhi excise policy. The court, recognizing the critical state of his health, emphasized the fundamental right to receive proper medical treatment.
Under the six-week interim bail, Justice Chandra Dhari Singh's vacation bench ordered Mahendru's immediate release, citing his life-threatening conditions requiring urgent medical attention and post-operative care. The court stressed that every individual has the right to adequate healthcare, underscoring the significance of the right to health enshrined in Article 21 of the Constitution of India.
To secure his bail, Mahendru has been asked to furnish a personal bond of Rs 10,00,000 (Rupees Ten Lakhs Only) with two sureties of the same amount to the satisfaction of the concerned Trial Court. The court also imposed certain conditions, including restrictions on leaving the hospital and his residence, as well as prohibiting international travel.
Notably, the court acknowledged that the Prevention of Money Laundering Act provides leniency for "sick or infirm persons" in granting bail, which Mahendru was entitled to due to the life-threatening nature of his diseases. His inability to perform routine activities and potential neurological damage further justified the granting of interim bail for specialized treatment.
The court observed that Mahendru had an unblemished record of compliance with previous interim bails and had not been found to be an absconder. Senior advocate Vikas Pahwa, representing the accused, emphasized Mahendru's critical condition, with multiple hospitalizations and medical procedures in the past 60 days.
The Enforcement Directorate argued that the petitioner's condition had stabilized and his pain had significantly reduced, questioning the need for his release on medical grounds.
The prosecution alleges that Mahendru was one of the major beneficiaries of the excise policy violations, operating an alcoholic beverage manufacturing unit and obtaining wholesale and retail licenses in the names of his relatives. The prosecution claims that Mahendru profited approximately Rs 50 crore from the alleged irregularities and violations.
The money laundering case originated from an Enforcement Directorate investigation based on a Central Bureau of Investigation (CBI) FIR. The CBI and the ED assert that the excise policy modifications were marred by irregularities and the granting of undue favors to license holders.
The Delhi government introduced the policy in November 2021 but revoked it in September 2022 amid corruption allegations. Former Delhi deputy chief minister Manish Sisodia is also implicated in the case.
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