Summary
Pending decision on the legality of his arrest, Arvind Kejriwal received temporary bail through 1 June 2024 in light of the ongoing Lok Sabha elections and the case’s individual circumstances. The Court rejected the suggestion that this conferred a general privilege on politicians. Release was subject to restrictions on official work, case-related comments and contact with witnesses. Surrender was directed for 2 June; merits of the prosecution and arrest appeal remained open.
Issues
- Whether case-specific circumstances justified temporary release while the arrest challenge remained pending.
- What conditions and temporal limits should govern the interim bail.
Provisions considered
- Article 21, Constitution of IndiaThe power to grant regular bail includes interim bail; temporary release was considered through a case-specific assessment of liberty, the pending arrest challenge and surrounding circumstances. (¶¶ 8, 9, 10, 13, 14, 15)
- Section 19, Prevention of Money Laundering Act, 2002The appeal raised the scope and alleged violation of the arrest provision. This interim order did not decide that challenge. (¶¶ 2, 3, 7, 15, 19)
Held
- The arrest appeal could not immediately be finally decided, while the ongoing general election supplied an intervening circumstance. With substantive legal issues already under consideration, the Court considered it inappropriate to send the appellant to the trial court for interim release. (¶¶ 3, 4, 7)
- Interim bail is a recognised power exercised on individual facts, including compelling grounds for temporary release. Examining the person’s circumstances is inherent in that assessment and does not confer a general immunity or special political status. (¶¶ 8, 9, 10, 13, 14, 17)
- Failure to answer nine summons was a negative factor, weighed against the absence of conviction and criminal antecedents, lack of threat to society, the investigation’s duration and the unresolved legality of arrest. The election context and pending challenge justified temporary release on this combination of facts. (¶¶ 15, 17)
- Interim bail extended through 1 June 2024, with surrender on 2 June. Bail bonds of Rs.50,000 with one like surety were required to the Jail Superintendent’s satisfaction. The appellant could not visit the Chief Minister’s office or Delhi Secretariat and was bound not to sign official files except where necessary for Lieutenant Governor clearance or approval. (¶ 18)
- He could not comment on his role in the case, interact with witnesses or access connected official files. The interim release expressed no opinion on the prosecution’s merits or the pending criminal appeal. (¶¶ 18, 19)
Result
Interim bail granted until 1 June 2024 on specified conditions; surrender directed for 2 June 2024. Arrest appeal and case merits left undecided.