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2023 Supreme(Del) 5190

DINESH KUMAR SHARMA
Benoy Babu – Appellant
Versus
Directorate of Enforcement – Respondent


Advocates appeared:
Mr. Mukul Rohatgi, Senior Advocate, Mr. Siddharth Luthra, Senior Advocate with Ms. Ranjita Rohatgi, Mr. Madhav Khurana, Mr. Vignaraj P., Mr. Samarth Luthra, Mr. Anmol Kheta, Mr. Kauser and Mr. Kumar Kashyap, Advocates, for the Petitioner.
Mr. S.V. Raju, ASG with Mr. Zoheb Hossain, Special counsel for ED, Mr. Vivek Gurnani, Mr. Baibhav, Mr. Kartik Sabharwal, Mr. Bhanupriya Meena and Mr. Gaurav Saini, Advocates, for the Respondent.

JUDGMENT

INDEX

S. No.ParticularsPage No.
1.Factual Matrix2-17
2.Submissions on behalf of Petitioner18-22
3.Submissions on behalf of Respondent/ED22-24
4.Finding and Analysis25-46

Dinesh Kumar Sharma, J.

BAIL APPLN. 562/2023 & CRL.M.(BAIL) 269/2023

A. FACTUAL MATRIX

1. The present order shall dispose of the bail application no. 562/2023 of "Benoy Babu vs Directorate of Enforcement".

2. The bail applications filed by petitioner Benoy Babu was dismissed by the learned Special Judge, PC Act, CBI-09 vide order dated 16.02.2023.

3. Briefly the facts as stated by Enforcement Directorate are as under:

    "5. An FIR No. RC0032022A0053 dated 17.08.2022 was registered by CBI, ACB, New Delhi against Sh. Manish Sisodia, Deputy Chief Minister, GNCTD of Delhi and others under Section 120B r/w 477A of Indian Penal Code, 1860 and Section 7 of Prevention of Corruption Act, 1988 for irregularities in framing and implementation of the excise policy of GNCTD of Delhi for the year 2021-22.

    6. The FIR is registered on the direction of competent authority conveyed by Shri Praveen Kumar Rai, Director, MHA, Govt. Of India vide OM No. 14035/06/2022-Delhi-1 dated 22/07/22 for enquiry into the matter of irregularities in

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