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Arvind Kejriwal's Bail Plea in Excise Policy Case
2024-05-07
Subject: Criminal Law - Bail
The Supreme Court will hear Delhi Chief Minister Arvind
Bail plea - Excise policy case - Corruption - Money laundering - Judicial custody - Enforcement Directorate - Delhi High Court - Supreme Court
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(1) Bail application – Delhi Excise Policy Scam – Right of liberty guaranteed under Article 21 of Constitution is a sacrosanct right which needs to be respected even in cases where stringent provisio....
SECTION 3 OF PMLA HAS A WIDER REACH AND ANYBODY WHO IS ACTUALLY INVOLVED IN KNOWINGLY ASSISTING DIRECTLY OR INDIRECTLY IN ANY PROCESS OR ACTIVITY WITH THE PROCEEDS OF CRIME INCLUDING ASSISTING IN THE....
(1) Bail jurisprudence is a facet of a civilised criminal justice system. An accused is innocent until proven guilty by a competent court following the due process.
(2) Delhi Liquor scam – Power t....
Bail is the rule and jail is the exception, especially in serious economic offences under the Prevention of Money Laundering Act, where the gravity of charges necessitates stringent scrutiny.
The main legal point established in the judgment is that bail can be granted based on the length of the trial and without expressing any opinion on the merits/demerits of the case.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
(1) Personal liberty as guaranteed under Article 21 of Constitution cannot be deprived to a citizen except with procedure established by law.
(2) Bail – Operation of bail granted in some special c....
The court emphasized that bail is not a right in cases involving serious economic offences, particularly where substantial evidence of corruption exists.
The court emphasized that bail is the exception, not the rule, particularly in serious economic offences, where the risk of tampering with evidence and flight is significant.
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