Delhi excise policy case: HC extends interim bail of accused on ground of wife’s medical condition

After hearing the matter for some time, a single-judge bench of Justice Sudhir Kumar Jain said, “The present application is accordingly disposed of with the direction to the petitioner-applicant (Arora) to file a fresh application for extension/grant of interim bail within five days before the trial court.”

The High Court thereafter asked the trial court to decide the plea if so filed by Arora “independent of any observation made” in the trial court’s June 6 order.

“Till then interim bail granted vide order dated June 6, 2024 is extended on the terms and conditions as mentioned in order dated June 6, 2024. The application stands disposed of,” the High Court further said.

Appearing for Arora, senior advocate Vikas Pahwa said that the trial court had in its June 6 order granted interim bail of two weeks to Arora but with the condition that “he shall not seek any extension of interim bail on any ground and if due to medical complication of his wife or any other reason the proposed surgery of his wife does not take place…he shall surrender”.

“Learned trial court while passing the order says I will not grant any extension. There is a categorical observation made by the trial court. I have no option except to come to this court…Today my wife is in the hospital. She has suffered a brain stroke,” Pahwa argued.

Pahwa further argued that the trial court had already disclosed its mind for not extending the interim bail of Arora. Meanwhile, the ED’s counsel said that interim bail was granted by a trial court and it is for Arora to file an appropriate application for extension of interim bail before the trial court.

The trial court had granted interim bail to Arora after noting that his wife had to undergo a surgical procedure and he needed to take care of her.

“Having considered the submissions made and on going through the record of the case, including the medical documents of the wife of the applicant, the medical condition of his two children, as discussed above and considering the fact that there is no other person either in the family of the applicant or of his wife who could provide the requisite post operative care and support, the application under consideration is allowed,” the trial court had said.

It had further directed Arora not to leave Delhi NCR unless it is necessary in connection with the treatment of his wife. Arora was arrested by the ED in November 2022.

Allegation against Amit Arora

The ED case, which was registered in September 2022, is based on a First Information Report (FIR) filed by the Central Bureau of Investigation in August 2022.

The CBI had booked former Delhi Deputy Chief Minister Manish Sisodia, three excise department officials, and several vendors and distributors among the 15 accused it had arraigned in its FIR. “Sources further revealed that Amit Arora, director of Buddy Retail Pvt Limited, Gurgaon; Dinesh Arora and Arjun Pandey are close associates of Manish Sisodia and are actively involved in managing and diverting the undue pecuniary advantage collected from liquor licensees to accused public servants,” the CBI FIR had stated.