Excise policy case: Delhi HC refuses to extend liquor bizman's interim bail

New Delhi, April 27 (IANS) The Delhi High Court on Thursday refused to extend liquor businessman Sameer Mahendru's interim bail in a money-laundering case pertaining to the now-scrapped liquor excise policy.

Mahendru was directed by Justice Dinesh Kumar Sharma to surrender to jail authorities on May 1 as the judge said that the practice of granting interim bail cannot be turned into a "evergreening process" or used in place of regular bail.

The doctor has tentatively scheduled Mahendru's surgery for May 5, according to his advocate, thus the court directed the jail authorities to take the accused to the doctor 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," the court said.

Justice Sharma further asked the doctor submit a report detailing the period necessary for postoperative care following the surgery.

It stated that if the doctor determined that surgery on Mahendru was not necessary, he would be sent to prison; however, if it was necessary, he would stay hospitalised until May 15, when the court would once again hear the case.

"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.

The High Court on Tuesday had sought the Enforcement Directorate (ED)'s response on Mahendru's plea seeking bail on medical grounds.

Justice Sharma had asked the ED to submit a status report and a verification report regarding Mahendru's health claims.

His lawyer had claimed that the trial court later prolonged the businessman's interim bail, which had been granted on February 28 and the accused is still in poor health and that he has placed on record the most recent medical documents.

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

Later, on March 29, the trial court had extended Mahendru's interim bail.

Earlier this month, the court had again extended the interim bail granted to Mahendru for a period of seven days while adjourning the matter due to the ongoing protest by advocates.

The ED had earlier alleged that Mahendru is the kingpin and the focal point around which the entire criminal conspiracy developed and he was essential to the cartel's establishment and ensuring the repayment of the kickback amounts.

Mahendru has been charge sheeted by both the investigating agencies.

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