ARVIND KEJRIWAL versus DIRECTORATE OF ENFORCEMENT

ARVIND KEJRIWAL versus DIRECTORATE OF ENFORCEMENT

Given the pendency of the appeal challenging the legality and validity of the arrest, the appellant's position as Chief Minister and leader of a national party, absence of conviction and criminal antecedents, the prolonged investigation, and the ongoing 18th Lok Sabha General Elections as an intervening factor, the Court exercised its power to grant interim bail subject to specified conditions pending further orders.

Parties
Appellant: Arvind Kejriwal; Respondent: Directorate of Enforcement
Jurisdiction
India
Judgment Date
10 May 2024
Procedural Posture
Criminal Appeal No. 2493 of 2024 / Interim Bail Application During Pendency of Appeal Before the Supreme Court; Hearing on Merits Pending
Outcome
Interim bail granted
Legal Topics
Interim Bail, Legality and Validity of Arrest, Intervening Factor: General Elections, Conditions of Bail
Criminal Law Constitutional Law Election Law Procedural Law Interim Bail Legality and Validity of Arrest Intervening Factor: General Elections Conditions of Bail

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Parties

Arvind Kejriwal

Appellant

Directorate of Enforcement

Respondent

Procedural Posture

Criminal Appeal No. 2493 of 2024 / Interim Bail Application During Pendency of Appeal Before the Supreme Court; Hearing on Merits Pending

Legal Issues

  1. 1 Whether the appellant is entitled to interim bail/release during the pendency of the appeal challenging his arrest by the Directorate of Enforcement
  2. 2 Whether the 18th Lok Sabha General Elections constitute an intervening factor justifying interim bail
  3. 3 Whether grant of interim bail would amount to giving politicians a privileged position compared to ordinary citizens

Ratio Decidendi

Given the pendency of the appeal challenging the legality and validity of the arrest, the appellant's position as Chief Minister and leader of a national party, absence of conviction and criminal antecedents, the prolonged investigation, and the ongoing 18th Lok Sabha General Elections as an intervening factor, the Court exercised its power to grant interim bail subject to specified conditions pending further orders.

Court Disposition

Interim bail granted

Orders

  • Appellant to be released on interim bail in connection with ECIR No. HIU-II/14/2022 dated 22.08.2022 till 1st of June 2024 and shall surrender on 2nd of June 2024
  • Appellant 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