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2025 Supreme(Del) 242

IN THE HIGH COURT OF DELHI AT NEW DELHI
Shalinder Kaur, J.
Shri Lovee Narula - Petitioner
Versus
Directorate Of Enforcement, Govt. Of India - Respondent
Bail Appl No. 1376 of 2025
Decided On : 08-04-2025

Advocates Appeared:
For the Petitioner:Mr. Abhijat, Sr. Advocate with Mr. Piyush Sanghi, Mr. Rohan Wadhwa, Ms. Khushbu Sahu, Mr. Nikhil Singhi, Mr. Raohithya Raj Mishra and Ms. Anushka Ojha, Advs.
For the Respondent: Mr. Arkaj Kumar, Standing Counsel with Mr. Aakarsh Mishra, Mr. Ishank Jha and Ms. Vaishnavi Bhargava, Advs. for Directorate of Enforcement.

The court may extend interim bail on humanitarian grounds despite prior violations of bail conditions, especially in cases of personal bereavement requiring familial obligations.

Headnote:

(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 and Section 483 - Prevention of Money Laundering Act, 2002 - Extension of interim bail sought on humanitarian grounds due to the death of the petitioner's father - The petitioner is the sole breadwinner and must perform final rites and support his family emotionally and financially. (Paras 3, 4, 6, 16)

(B) Bail Conditions - The petitioner violated bail conditions by failing to report to the police station as required - The court considered the circumstances surrounding the petitioner's personal loss in deciding to extend bail. (Paras 9, 10, 14)

Facts of the case:
The petitioner sought an extension of interim bail after the death of his father, citing the need to perform final rites and support his family. The initial bail was granted on medical grounds. (Paras 4, 5, 6)

Findings of Court:
The court extended the interim bail for 2 weeks on humanitarian grounds, emphasizing the need for the petitioner to manage family obligations following his father's death. (Paras 16)

Issues: The main issues were the petitioner's compliance with bail conditions and the justification for extending bail on humanitarian grounds. (Paras 9, 10)

Ratio Decidendi: The court ruled that despite the petitioner's prior violations, the extraordinary circumstances of bereavement warranted an extension of bail to allow him to fulfill familial duties. (Paras 16)

Result: Interim Bail Application is disposed of with an extension granted for 2 weeks.

JUDGMENT :

SHALINDER KAUR, J.

CRL. M.A. 10739/2025 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

BAIL APPL No. 1376/2025

3. This is a third Bail Application has been filed on behalf of the Petitioner under Section 528 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 45 of the Prevention of Money Laundering Act, 2002, seeking an extension of the interim Bail for a period of 60 days on the humanitarian grounds, in connection with the ECIR/DLZO-II/03/2024 dated 16.03.2024, arising out of the FIR No. 59/2024 dated 12.03.2024 registered at the Police Station - Crime Branch, Delhi.

4. Mr. Abhijat, learned Senior Counsel submits that the Petitioner had been granted an interim Bail by this Court vide Order dated 28.03.2025 passed in Bail Appl. bearing No. 1159/2025, for a period of 10 days on account of the medical grounds of his Father being on life support in the Intensive Care Unit.

5. He submits that, tragically, the Father of the Petitioner passed away on 03.04.2025 and the interim Bail granted to the Petitioner by this Court is due to lapse today.

6. The learned Senior Counsel submits that the Petitioner is the sole bread winner of his family and his younger Sister, pursuing her studies in Australia, is currently unemployed, while the Mother of the Petitioner is emotionally fragile and under depression due to the unfortunate turn of events. Furthermore, he submits that the Petitioner has also suffered the bereavement of his Grandfather recently in January, 2025.

7. He further submits that the Petitioner, being the elder son, bears the solemn duty of performing the final rites of his late Father and moreover, the Petitioner has to support his Mother, emotionally as well as financially, and to see through the logistical challenges vis-a-vis post-cremation rituals.

8. In light of these circumstances, he submits, the Petitioner be granted an extension of the interim Bail for a further period of 60 days on humanitarian grounds.

9. Per contra, Mr. Arkaj Kumar, learned Standing Counsel for the Respondent, while opposing the present Bail Application, contends that the Petitioner, while he was on interim Bail granted vide Order dated 28.03.2025, has outrightly violated the Bail conditions imposed by this Court, specifically the condition to report daily to the Police Station Crime Branch, Delhi between 4:00 PM to 6:00 PM. He submits that the Petitioner has adhered to the aforesaid Bail condition merely on 4 occasions and thereafter, ceased compliance thereof, following the demise of his Father on 03.04.2025.

10. The learned Standing Counsel submits that the Petitioner also visited the Tis Hazari Court Complex to depose on an Affidavit seeking an extension of his interim Bail, filed in the present Bail Application. He submits that the Petitioner could have simultaneously reported to the Police Station Crime Branch, which he failed to do. Moreover, he chose not to file an application seeking modification of the Bail conditions imposed by this Court. Specifically, when he has categorically pleaded in the present Application that he will abide by any conditions imposed on him for the extension of his interim Bail, while simultaneously flouting the conditions already imposed on him vide Order dated 28.03.2025.

11. The learned Standing Counsel submits that the copy of the relevant portion of the Visitors’ Register is annexed with the Reply handed across the Board.

12. The Reply and the Annexures attached therewith, are taken on record.

13. Lastly, he submits that keeping in view the Petitioner’s disregard for the conditions imposed by this Court and the clear infractions thereof, the benefit of extension of the interim Bail ought not be given to him, therefore, the present Application be dismissed.

14. In rebuttal, the learned Senior Counsel submits that the Petitioner had dutifully complied with the condition to report daily to the concerned Police Station until the death of h

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