Supreme Court Dismisses ED's Plea Against Congress Leader Sukhpal Singh Khaira's Bail

The Supreme Court today (January 15) dismissed a Special Leave Petition filed by the Enforcement Directorate (ED) for the cancellation of bail to Indian National Congress MLA from Bholath constituency, Sukhpal Singh Khaira. The SLP challenged January 27, 2022, order of the Punjab and Haryana High Court which granted bail to Khaira under the Prevention of Money Laundering Act, 2002 in connection with a predicate and scheduled offence alleged to have been committed under the Narcotic Drugs and Psychotropic Substances Act, 1985 in 2015.In this case, a number of accused persons were convicted by the learned Special Court, Fazilka. Through the said order, the Court also allowed an application under Section 319 of the Code of Criminal Procedure seeking to file a supplementary chargesheet in which Khaira was also named along with others. At the same time, the Court granted liberty to Khaira to approach the Trial Court to consider bail application without being influenced by the application made under Section 319 CrPC. An SLP was filed before the Supreme Court which ordered stay of trial.Eventually, certain substantial questions of law emerged which came before the Supreme Court such as whether the Trial Court has the power to some additional accused persons under Section 319 CrPC when the trial in respect of other accused persons has ended.Considering that the matter was being heard by the Supreme Court before the challenge was also to the twin-bail conditions under the 2002 Act, the Court granted benefit of the bail to the accused. It said: "However, it is clear from the above, that there are divergent views expressed by the Hon'ble Apex Court, with respect to the resurrection, or, revival of twin conditions, as, carried in Section 45 of the PML Act, upon, a validating amendment being made thereto, post the decision made in Nikesh Tara Chand's case. Obviously, this Court is left with no alternative but to, in view of the above discussion, rather grant, than deny bail to the applicant, as the rule is of grant of bail, than of denial of bail. Moreover, when no evidence has been adduced, at this stage, by the prosecution, that in the event of grant of bail to the bail applicant-petitioner, there is any likelihood of his fleeing from justice, and, tampering with the prosecution evidence."Today, a bench of Justices MM Sundresh and Rajesh Bindal stated that they are not inclined to entertain the SLP against the claims made by Additional Solicitor General S.V. Raju that the Respondent is playing tactics to delay the trial. However, it added that if the trial continues to not proceed in light of the delay tactics, the ED can apply for the cancellation of bail.Raju submitted: "He is delaying the trial by filing applications that the trial should not proceed."This allegation was opposed by Advocate Vikram Chaudhri for Khaira.Case Details: ASSISTANT DIRECTOR DIRECTORATE OF ENFORCEMENT v. SUKHPAL SINGH KHAIRA., SLP(Crl) No. 8985/2022Click Here To Read/Download Order

Supreme Court Dismisses ED's Plea Against Congress Leader Sukhpal Singh Khaira's Bail

Gursimran Kaur Bakshi

Tags