Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 443/2023 & CRL.M.A. 5189/2023
AMIT ARORA ..... Petitioner
Through: Mr. Mohit Mathur, Sr. Adv. with Mr.
Ujjawal Sharma, Mr. Mohammad
Shahrukh, Mr. Prashant Sivarajan,
Mr. Saharsh Johri and Mr. Surya
Singh, Advs.
versus
DIRECTORATE OF ENFORCEMENT THROUGH ITS
DIRECTOR ..... Respondent
Through: Mr. Zoheb Hossain, SPP for ED with
Mr. Vivek Gurnani and Mr. Kalp
Sarraiya, Advs.
% Date of Decision: 06.03.2023
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
J U D G M E N T
DINESH KUMAR SHARMA, J. (Oral)
CRL.M.A. 3522-3523/2023
1. Exemption allowed subject to just exceptions.
BAIL APPLN. 443/2023
2. Mr. Mohit Mathur, learned senior counsel has submitted that at the
outset, the condition imposed by the learned Trial Court vide the impugned
BAIL APPLN. 443/2023 Page 1 of 3
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:13.07.2023
15:38:15
order dated 30.01.2023 is unjustified. The condition imposed by the learned
Trial Court is as under:
“ that he shall not seek any extension of his interim bail on
any ground and if due to medical complications of his wife
or any other reason the proposed surgery of his wife does
not take place on 01.02.2023 or at the most, on next
following date, then he shall surrender before the Jail
Superintendent concerned by 6 pm on 02.02.2023 and will
seek his interim bail afresh from this court after
rescheduling of the surgery;”
3. Vide the impugned order, the petitioner was granted bail till 13.02.
2023. The interim bail was further extended by this court till 27.02.2023.
However, on 27.02.2023 this court was busy in UAPA Tribunal, and the
matter was adjourned for today.
4. It is an admitted fact that the surgery was conducted on 01.02.2023
and the wife of the petitioner was discharged on 02.02.2023. However, she
had to be readmitted on 06.02.2023 and was discharged on 08.02.2023.
6. Mr. Zoheb Hossain, learned SPP for ED has vehemently opposed the
extension of interim bail. Learned SPP submits that the wife of the
petitioner was discharged on 08.02.2023 on the request of the petitioner
himself.
8. Learned senior counsel for petitioner submits that despite the
petitioner’s wife being discharged on 08.02.2023, there are grounds for
extension of interim bail.
9. However, I consider that the condition of the Trial Court that the
BAIL APPLN. 443/2023 Page 2 of 3
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:13.07.2023
15:38:15
petitioner shall not move any application for seeking extension on any
ground is little unjustified.
10. This court without going into the merits of the case and without going
into the rival contentions of the parties grants ten days time to file an
application for extension of interim bail before the learned Trial Court.
11. Learned Trial Court shall decide the application for extension of
interim bail taking into the accounts pleaded in accordance with law without
being influenced by the order passed by this court.
12. In case, the learned Trial Court declines the request of the interim
bail, the petitioner shall surrender before the Jail Superintendent concerned
on 16.03.2023 before 05:00 PM.
13. The bail application alongwith other applications stands disposed of.
14. Copy of the order be given dasti.
DINESH KUMAR SHARMA, J
MARCH 6, 2023/AR
BAIL APPLN. 443/2023 Page 3 of 3
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:13.07.2023
15:38:15