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TMI Blog2024 (9) TMI 321X X X X Extracts X X X X X X X X Extracts X X X X ..... . Mr. Arkaj Kumar, Adv. Mr. Vivek Gurnani, Adv. Ms. Abhipriya, Adv. Mr. Hitarth Raja, Adv. Mr. Vivek Gaurav, Adv. Ms. Shweta Desai, Adv. Mr. Arvind Kumar Sharma, AOR ORDER UPON hearing the counsel the Court made the following. 1. As the petitioner is in jail, delay stands condoned. 2. Heard Mr. Abhishek Manu Singhvi and Ms. Rebecca M. John, learned senior counsel appearing for the petitioner. Also heard Mr. Suryaprakash V. Raju, learned ASG appearing for the Directorate of Enforcement. 3. The present SLP challenges the order of the Delhi High Court rejecting Bail of Vijay Nair who is a co-accused in Delhi Excise policy scam. It is alleged that the petitioner acted as a middleman and was involved in irregularities in framing and implem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yed as an accused in the case and who thereafter turned approver, in his 12th statement had implicated the accused petitioner but in all his previous statement(s) given under Section 50 of the Act, there was no implication for the petitioner. The Directorate of Enforcement has submitted as many as 9 prosecution complaints, one after the other and in the meantime, the petitioner has been in custody for about 22 months. As earlier noted, in the event of conviction, the maximum sentence that can be imposed on the petitioner is 7 years. 8. When the case of the co-accused (Manish Sisodia) was taken up by this Court, an assurance was given by the counsel representing the Directorate of Enforcement on 30.10.2023 that the trial would get concluded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... od of conclusion of trial within a short span. 10. We have also perused the reasoning in this Court's judgment dated 09.08.2024 in Manish Sisodia v Directorate of Enforcement 2024 SCC OnLine SC 1920 where Bail was granted to the co-accused. In the said judgment, the Court had reiterated the right of an accused for expeditious trial and that the fundamental rights guaranteed under Article 21 cannot be subjugated to the statutory bar in Section 45 of the Act. It was also observed that the right to bail in cases of prolonged incarceration and trial delays, depending on the nature of the allegations, should be considered under Section 439 Cr. P.C. and Section 45 of the Act. Most importantly, bail should not be withheld as a form of punishment, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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