The main legal point established is that concerns related to COVID-19 risk, delay in trial, and parity with co-accused must be carefully evaluated for granting interim bail.

JUDGMENT

ORDER

1. The hearing of these two petitions has been conducted through Video Conferencing.

2. By these applications, the petitioner seeks interim bail in case RC No. 207/2013 A 003 dated 12.03.2013 under Section 420 IPC and Sections 7, 8, 9, 12 and 13(2) read with 13(l)(d) of Prevention of Corruption Act (in short ''P.C. Act'') and in CC No. 1/2015, instituted pursuant to ECIR No. DLZO/15/2014/AD (VM) recorded on 13.07.2014 under Section 3 and 4 of Prevention of Money Laundering Act (in short, ''PMLA Act )

3. Case of the petitioner is that in Suo Moto Writ Petition No. 1/2020 before the Hon''ble Supreme Court, there was a direction to release prisoners who have charged with offences punishable with 7 years imprisonment or less than that. Though the petitioner does not challenge the High Powered Committee''s Order of this Court however considering the conditions in Tihar Jail petitioner should also be released on bail. Learned counsel for the petitioner submits that the FIR in question was registered in March, 2013 and investigation is going on since last 7 years. The charge sheet was filed by the CBI in the year 2017. The petitioner has been extradited from Dubai on 4 th December, 2018 after filing of the charge sheet, however, further investigation is still going on after filing of the charge sheet. The petitioner has been interrogated continuously for 30 days by both CBI and Enforcement Directorate after his extradition on 4 th December, 2018. From 5 th January, 2019, the petitioner is in judicial custody. Permission for further investigation was granted by the Special Court, which is going on since last three years whereafter CBI is intending to file the supplementary charge sheet. The petitioner is in custody for more than now 16 months. All the accused persons including main accused namely S.P.Tyagi, who were arrested before and after petitioner''s arrest, have been released on bail by the Special Court. Learned counsel for the petitioner further submits that Rajiv Saxena, an accused, who is equally involved in the money laundering charges and was extradited being at par with the petitioner, was granted bail within 60 days and another accused Sushen Mohan Gupta, a U.S. citizen was granted bail immediately. Special Court rejected bail application of the petitioner on two counts i.e. firstly, that the petitioner does not have deep rooted connections in India and secondly, there is a flight risk. Learned counsel for the petitioner relies upon the judgment of the Supreme Court in Baba Vs. State of Maharashtra, (2005) 11 SCC 569 to submit that even where the offences alleged were under Terrorist and Disruptive Activities (Prevention) Act (in short, ''TADA''), Supreme Court granted bail due to delay in trial. Learned counsel for the petitioner also relies upon the decision in the case of Sanjay Chandra Vs. CBI (2012) 1 SCC 40 wherein the Supreme Court laid down consideration for grant of interim bail. He submits that the passport of the petitioner is already in custody of the CBI and the petitioner is a British citizen. Investigation is still going on and the supplementary charge sheet has not been filed. He further submits that the petitioner has proved innocence in Italian Court; faced extradition in Dubai; the evidence is documentary in nature; thus there shall be no purpose achieved in keeping the petitioner is custody and the petitioner is willing to abide by any conditions imposed by this Court. Learned counsel submits that the petitioner has a low immunity level and is aged59 years. He states that the strength of the prisoners of Tihar Jail is 10000 whereas presently, around 17000 prisoners are lodged therein. Thus, because of overcrowding and social distancing not being mentioned, petitioner is prone to catch Covid-19.

4. Learned counsel for the CBI contends that the regular bail applications of the petitioner are being argued by the learned counsel for the petitioner and in the garb of interim bail applications