Delhi CM Arvind

Kejriwal Gets Bail

- By Ankit Agrawal
 ankitmay28
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 WHAT HAS HAPPENED?

The Supreme Court on Friday granted interim bail to Delhi

Chief Minister Arvind Kejriwal till June 1 in connection with a money
laundering case linked to the now-scrapped Delhi liquor policy.

He may walk out of Tihar Jail today and has been asked to
surrender to the prison authorities by June 2.

Generally, all the release orders that come daily in Tihar Jail are
disposed of in about an hour, sources further said.
 WHAT IS BAIL & INTERIM BAIL?

The term Bail is not defined in Criminal Procedure Code, however,

this term, in the most common sense,

Indicates that the accused is set free from jail against a kind of
security which is given by the accused to the court that he will attend
the proceedings in court against the accusations made upon him
and include personal bond and bail bond.

The sections 436 to 439 of the Criminal Procedure Code deal

with the concept of Bail.
Interim bail is a temporary form of bail granted during the pendency
of an application for anticipatory or regular bail.

It provides a brief respite for the accused, temporarily releasing

them from custody.

It is conditional and can be extended based on the circumstances.

 SC VERDICT

A bench of Justices Sanjiv Khanna and Dipankar Datta pronounced

the verdict after a brief hearing on an interim bail
plea filed by Kejriwal.

During the hearing, the Supreme Court bench asked Kejriwal to

surrender on June 2.

"Let us not draw any parallel. He was arrested in March and the arrest
could have been before or after. Now, after 21 days, there won't be any
difference. On June 2, Arvind Kejriwal will surrender,“
the Supreme Court ruled.
Advocate Abhishek Manu Singhvi, who represented Kejriwal
during the hearing, asked the court whether Kejriwal
could get interim bail for June 5.

To this, Justice Khanna replied, "No."

 CONDITIONS PUT BY SC

The court also said other bail conditions would be similar to those
imposed on AAP leader Sanjay Singh, when he was
given interim relief by the top court.

Mr Singh, a Rajya Sabha MP arrested in October last year in the

same case, received bail after six months in jail.

Most significantly, he was allowed to participate in political activities,

meaning he could campaign for the party, which is what Mr
Kejriwal is now also expected to be able to do.
 The Supreme Court Tuesday said that if it grants interim bail to
Arvind Kejriwal he can campaign for the ongoing elections but he
cannot function as the chief minister as it will have
“cascading effect” on other issues.

The bench noted, “if you are attending to office and giving instructions
to people, (it) may not be proper.” “We are on the issue of propriety
today, not on legality. We do not want anything to affect the
functioning of the government,” it added.
 WHY IT MATTERS?

The move is expected to boost AAP's electoral prospects as Kejriwal

can campaign for the party in the ongoing Lok Sabha elections,
particularly in Delhi and Punjab, where the party is in power.

Delhi and Punjab will vote on May 25 and June 1, respectively.

June 1 is the last day of the seven-phased Lok Sabha elections. The
votes will be counted on June 4.
 ARGUMENTS MADE BY ED

On Thursday the ED, which had strongly opposed grant of bail to Mr

Kejriwal, filed an affidavit outlining its objections.

The central agency said no politician could claim "special status"

higher than that of an ordinary citizen, and is as liable to be arrested
and detained for committing offences as any other citizen.
 There is no "fundamental" right that will allow Arvind Kejriwal the
right to claim bail to campaign for the election, the ED argued.

The agency also pointed out that no political leader had ever been
granted bail for campaigning and said that releasing Mr Kejriwal from
jail to canvas for his party candidates would set a wrong precedent.
 SUPREME COURT’S REPLY

In Tuesday's hearing, the court had recognised Mr Kejriwal as the

elected Chief Minister of Delhi and not a habitual offender.

"There are elections... these are extraordinary circumstances and he is

not a habitual offender," the bench of Justice Sanjiv Khanna
and Justice Dipankar Datta had said.
In a critical question to the ED, the court asked why it had taken it two
years to act against the Chief Minister and his party.

"The issue is that it has taken two years for this. It is not good for any
investigating agency to say that it takes two years to unearth...
now when will the trial start," it asked.
Q. Maximum period for which undertrails can be detained?

A) 1 year

B) Not exceeding the maximum period of punishment

C) Not more than half 0f the maximum period of punishment

D) It is decided by the court

Delhi CM Arvind
Kejriwal Gets Bail
- By Ankit Agrawal
 ankitmay28

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