The Delhi High Court has reserved its decision on the bail plea of Sameer Mahendru, who is facing charges in a money laundering case linked to the controversial Delhi excise policy.
The order was reserved by Justice Neena Bansal Krishna after hearing arguments from both Mahendru's legal counsel and the Enforcement Directorate (ED) on Wednesday.
Sameer Mahendru, who has been in custody for over 22 months, is seeking bail on the grounds of prolonged detention. His advocate, Dhruv Gupta, argued that Mahendru's extended time in custody justifies his release, especially in light of a recent Supreme Court decision that granted bail to another accused, Manish Sisodia, after 17 months in custody.
Gupta emphasized that Mahendru's situation is more favorable for the granting of bail and referenced the Supreme Court's ruling in Sisodia’s case, which highlighted delay as a valid reason for bail.
He argued that the twin conditions under Section 45 of the Prevention of Money Laundering Act (PMLA) should not apply, as Article 21 of the Constitution, which protects the right to personal liberty, takes precedence.
Further strengthening his case, Mahendru's counsel pointed out that Mahendru is not a politician and has already spent a considerable amount of time in custody, including under constructive custody during his interim bail. He has been detained since his arrest on September 28, 2022, by the Enforcement Directorate, making his continued detention a point of concern.
On the other side, the Enforcement Directorate opposed the bail plea, arguing that delay alone cannot be a sufficient ground for granting bail in cases involving economic offences.
The ED's counsel maintained that economic offences are serious in nature, and the delay in proceedings should not lead to the release of the accused. They also mentioned that Mahendru had previously been granted interim bail on the grounds of his wife’s health, but that his request for an extension was dismissed.
The money laundering case in which Mahendru is implicated is part of a larger investigation related to the Delhi excise policy. The case has drawn significant attention, involving high-profile figures such as Delhi Chief Minister Arvind Kejriwal, former Deputy Chief Minister Manish Sisodia, AAP MP Sanjay Singh, and BRS leader K Kavitha, among others.
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