Delhi Excise Policy Case: HC Dismisses Interim Bail Plea Of Sameer Mahendru

The Delhi High Court on Thursday dismissed the interim medical bail plea of businessman Sameer Mahendru, who is one of the accused in the Delhi Excise policy money laundering case involving former Deputy CM Manish Sisodia. Justice Swarana Kanta Sharma dismissed the plea after hearing arguments and considering the status report filed by the Enforcement Directorate (ED).

The ED opposed the interim bail plea, and the trial court had previously dismissed it on October 6, giving specific directions to jail authorities.

Senior advocate Siddharth Luthra, representing the petitioner, argued that Mahendru had suffered a fall in the hospital, and despite the court’s direction to provide a full-time attendant, no one came to his aid for around 12 minutes.

The trial court had also observed that despite the claim of jail authorities that Mahendru was under constant supervision and 24/7 CCTV coverage, no attendant or jail staff member came to his assistance for a significant duration after his fall during the night of September 6-7, 2023.

As a result, the trial court directed that a full-time attendant be provided to care for the applicant on a rotational basis to prevent a recurrence of such incidents.

Mahendru was arrested in this case on September 28, 2022, and his regular bail application was dismissed by the trial court on February 16, 2023. His regular bail plea is still pending consideration before the High Court and is scheduled for a hearing on December 5, 2023, as noted in the trial court’s order.

In opposition to the bail plea, the Special Counsel and SPP for the ED argued that all the necessary facilities could be provided to the applicant in the jail dispensary or medical room. They also contended that the fall in jail was self-inflicted to create a basis for interim bail. They further pointed out that on April 27, 2023, the High Court had permitted the applicant to visit his private doctor for treatment while directing him to surrender to custody under adequate security arrangements. He was allowed to continue receiving treatment from his private doctor on an outpatient basis, rendering interim bail unnecessary in the case.