Grounds on which Arvind Kejriwal (Delhi CM) gets Interim Bail and Terms and Conditions of the bail
An Appeal* challenging the judgment passed by the Trial Court and the High Court of Delhi, upholding the arrest of Arvind Kejriwal by the Directorate of Enforcement on 21.03.2024 was filed before the Supreme Court.
A Bench, comprising of Justice Sanjiv Khanna and Justice Dipankar Datta, has rejected the argument raised on behalf of the prosecution that grant of interim bail/release on General Elections to Lok Sabha would be giving premium of placing the politicians in a benefic position compared to ordinary citizens of this country holding that while examining the question of grant of interim bail/release, the courts always take into consideration the peculiarities associated with the person in question and the surrounding circumstances. In fact, to ignore the same would be iniquitous and wrong.
Also, the argument that the reasoning recorded by the Court results in grant of privilege or special status to politicians has also been rejected by the Hon’ble Supreme Court.
The Hon’ble Court has also held that Power to grant interim bail is commonly exercised in a number of cases. Interim bail is granted in the facts of each case. This case is not an exception.
The Court also marked that Arvind Kejriwal had failed to appear in spite of nine (9) notices/summons, this is a negative factor, but there are several other facets which are required to take into consideration such as:
- Arvind Kejriwal is the Chief Minister of Delhi and a leader of one of the national parties.
- He has not been convicted.
- He does not have any criminal antecedents.
- He is not a threat to the society.
- The investigation in the present case has remained pending since August 2022.
Finally, the Hon’ble Court has released Arvind Kejriwal on interim bail till 1st of June 2024, that is, he will surrender on 2nd of June 2024 on the following terms and conditions:
- (a) he shall furnish bail bonds in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent;
- (b) he shall not visit the Office of the Chief Minister and the Delhi Secretariat;
- (c) he shall be bound by the statement made 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;
- (d) he will not make any comment with regard to his role in the present case; and
- (e) he will not interact with any of the witnesses and/or have access to any official files connected with the case.
*SLP(Crl.) No. 5154 of 2024 in Arvind Kejriwal v. Directorate of Enforcement, order dated 10.05.2024.
