Delhi excise scam: HC refuses to extend interim bail of Sameer Mahendru

New Delhi: The Delhi High Court on Thursday refused to extend the interim bail on medical grounds of liquor businessman Sameer Mahendru in a money laundering case related to alleged irregularities in the now-scrapped Delhi excise policy.

The high court directed Mahendru to surrender before the jail authorities on May 1, and said the practice of granting interim bail cannot be converted into an "evergreening process" or making it a substitute of regular bail.

As the counsel for Mahendru submitted that he has to undergo surgery for which the tentative date of May 5 has been given by the doctor, the court directed the jail authorities to take the accused to the doctor concerned on May 4.

“The petitioner, if required and advised by the doctor, may get admitted in the hospital. Guards of jail authorities shall be deployed there. The wife and minor children of the petitioner shall be given access to meet him and assist him. Food as per medical advice shall be given to him,” Justice Dinesh Kumar Sharma said.

The high court also asked the doctor concerned to submit a report after the surgery regarding the time to be taken for post surgery care.

It said if the doctor says surgery is not required to be performed on Mahendru, he shall be taken back to prison and in case, the surgery is conducted, he shall remain admitted in the hospital till May 15, when the court will again hear the matter.

“This court is of the firm view that everybody has a right of adequate and effective medical treatment. This court also accepts the view of the senior counsel (for the accused) that there is always an issue of trust and faith between the patient and doctor,” it said.

The high court said the accused shall bear the expenses of the guards deployed there as well as of his surgery.

Mahendru is already on interim bail granted by a trial court on medical grounds and has to surrender on May 1.

Besides regular bail, he has also sought extension of the interim bail by at least 12 weeks, saying post-surgery care is required.

His counsel has submitted that the businessman was granted interim bail on February 28 and it was later on extended by the trial court.

He has said the accused was still in bad shape and he has placed on record the latest medical documents.

On February 28, the trial court granted interim bail to Mahendru on medical grounds for a period of 30 days after he claimed he was suffering from various ailments.

During the hearing, Mahendru’s counsel said every person has a right to have effective and adequate medical treatment and urged the court to at least extend the interim bail till the surgery is done.

The plea was opposed by the ED’s counsel, who said interim bail cannot be a substitute of regular bail and the accused has already enjoyed interim bail for 60 days and that the accused was not suffering from a life threatening problem.

According to the prosecution, the accused was allegedly one of the major beneficiaries of the violations of the excise policy as he was not only running an alcoholic beverage manufacturing unit but also given a wholesale licence along with some retail licences in the name of his relatives.

Mahendru made around Rs 50 crore from the alleged irregularities and violations, the prosecution claimed.

The ED has registered an enforcement case information report (ECIR) against Mahendru under the relevant provisions of the Prevention of Money Laundering Act (PMLA). The money laundering case stems from a Central Bureau of Investigation (CBI) FIR.

According to the CBI and the ED, irregularities were committed while modifying the excise policy and undue favours were extended to licence holders. The Delhi government implemented the policy on November 17, 2021, but scrapped it at the end of September 2022 amid allegations of corruption.

Former Delhi Deputy Chief Minister Manish Sisodia is also an accused in the matter.

On March 9, the ED arrested Sisodia at Tihar Jail, where he was lodged in connection with the case being probed by the CBI. The CBI arrested the Aam Aadmi Party leader on February 26.