The Delhi High Court has granted bail to the Hyderabad Businessman, Arun Ramchandran Pillai who was allegedly involved in the conspiracy for cartel formation and has played an active role in Policy formation and also participated in conspiracy of kickbacks, payments of the same and its recoupment. Detailed transactions have been recorded in the ED case about the handling of the proceeds of crime by the Applicant.
The bench of Justice Neena Bansal Krishna has observed that the Applicant has been behind bars since 06.03.2023, there are around 69,000 pages of documents involved in both CBI and ED matters. Moreover, there are 493 witnesses, who have to be examined on behalf of the prosecution. In the same case, the other accused persons, namely, Manish Sisodia, K.Kavitha, and Vijay Nair have already been admitted to bail.
Background
The Applicant has filed the bail Application under Section 439 read with Section 167(2) of the Code of Criminal Procedure, 1973 read with Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA) seeking grant of Regular Bail.
The GNCTD released the Delhi Excise Policy for the Year 2021-2022 (hereinafter referred to as the “Excise Policy”) on 05.07.2021, after the fulfilment of all the procedures of Tenders and Allotment; the Excise Policy was implemented on 17.11.2021 by the GNCTD.
However, vague allegations have been made against high ranking Government officials that they were in cahoots with one other and other persons, and were instrumental in recommending the Excise Policy without the approval of the Competent Authority to extend favours to certain licensees that were issued after the implementation of the Excise Policy.
A Complaint addressed to the Union Home Secretary by the Lieutenant Governor, NCTD alleging large-scale malpractice and corruption in the framing and implementation of the Excise Policy for the Year 2021-22, was conveyed to the Central Bureau of Investigation (CBI) by the Director, Ministry of Home Affairs, Government of India for necessary enquiry and action.
The CBI registered an FIR under Section 120B of the Indian Penal Code, 1860 read with Sections 7/7A/8 of Prevention of Corruption Act, 1988 at Police Station CBI, ACB, New Delhi against Manish Sisodia and 14 others.
After five days of registration of the CBI case, the respondent also registered the aforementioned ED case. Even though the Applicant was named as an accused in this ED case, the facts were never disclosed to him while issuing summons to him.
During the course of investigations by the CBI and the respondent ED, the Applicant was summoned at least on 40 occasions which were duly complied and the Applicant fully cooperated with the Investigating Agency.
However, the Investigating Agency conducted the entire investigations by coercing the witnesses/accused/suspect and more particularly the Applicant to give self-incriminating statements.
The ED alleged that the investigations have revealed that advance kickback amount of Rs. 100 crores has been paid to the politicians and other public servants in Delhi. Hence, due to the nexus created by the political persons, Government officers and officials and other accused persons involved in this conspiracy, a total loss of Rs. 2873 cores has been caused to the Exchequer of GNCTD.
Conclusion – Conditions Of Bail
The court granted bail to the applicant subject to various conditions.
Firstly, the Applicant is directed to be released forthwith on bail in connection with the ECIR No. ECIR/HIU-II/14/2022 dated 22.08.2022, registered by the Directorate of Enforcement, subject to furnishing a personal bond in the sum of Rs.10,00,000/- with two sureties of the like amount; to the satisfaction of the learned Special Judge/Trial Court. The Applicant shall appear before the Court as and when the matter is taken up for hearing.
Secondly, the Applicant shall provide mobile number to the IO concerned which shall be kept in working condition at all times and he shall not change the mobile number, without prior intimate to the Investigating Officer concerned.
Thirdly, the Applicant shall not change his residential address and in case of change of the residential address, the same shall be intimated to this Court, by way of an affidavit.
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Fourthly, the Applicant shall surrender his passport with the learned Special Court.
Fifthly, the Applicant shall report to the Investigating Officer on every Monday and Thursday between 10:00 to 11:00 AM.
Lastly, the Applicant shall not indulge in any criminal activity and shall not communicate with or come in contact with the witnesses. The Applicant shall not leave the country, without permission of this Court. The Applicant shall not make any attempt to tamper with the evidence or influence the witnesses.
Case Title: Arun Ramchandran Pillai Versus ED
Case No.: BAIL APPLN. 3322/2023 & CRL.M.As. 712/2024, 635/2024, 838/2024, 1358/2024
Date: 11/09/2024
Counsel For Petitioner: Mohit Mathur
Counsel For Respondent: Zoheb Hossain
