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2024 (5) TMI 675 - SUPREME COURTSeeking grant of Interim bail - challenge to arrest of Arvind Kejriwal by the Directorate of Enforcement - scope and violation of Section 19 of the Prevention of Money Laundering Act, 2002 - HELD THAT:- Power to grant interim bail is commonly exercised in a number of cases. Interim bail is granted in the facts of each case. This case is not an exception. The prosecution has rightly pointed out that the appellant – Arvind Kejriwal had failed to appear in spite of nine (9) notices/summons, first of which was issued in October 2023. This is a negative factor, but there are several other facets which we are required to take into consideration. The appellant – Arvind Kejriwal is the Chief Minister of Delhi and a leader of one of the national parties. No doubt, serious accusations have been made, but he has not been convicted. He does not have any criminal antecedents. He is not a threat to the society. The investigation in the present case has remained pending since August 2022. Arvind Kejriwal was arrested, as noted above, on 21.03.2024. More importantly, legality and validity of the arrest itself is under challenge before this Court and we are yet to finally pronounce on the same. The fact situation cannot be compared with harvesting of crops or plea to look after business affairs. Once the matter is subjudice and the questions relating to legality of arrest are under consideration, a more holistic and libertarian view is justified, in the background that the 18th Lok Sabha General Elections are being held. A coordinate Bench of this Court in THE STATE OF ANDHRA PRADESH VERSUS NARA CHANDRA BABU NAIDU [2024 (5) TMI 611 - SC ORDER], in an appeal filed by the State, by an interim order has deleted the condition restraining the respondent therein from organising or participating in public rallies and meetings, thereby permitting him to participate in the political process. This petition seeking special leave to appeal is still pending. The appellant – Arvind Kejriwal will be released on interim bail till 1st of June 2024, that is, he will surrender on 2nd of June 2024 on fulfilment of conditions imposed - bail application allowed.
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