NEW DELHI: Noting that former IAS officer Anil Tuteja has been in custody for more than a year and charges have not been framed against him while more than 30 prosecution witnesses are yet to be examined, Supreme Court on Tuesday granted him bail in a money laundering case arising out of the alleged Chhattisgarh liquor scam .
Though additional solicitor general S V Raju, appearing for ED, told the court that Tuteja is very influential and was running a parallel system in the state for sale of liquor, a bench of Justices Abhay S Oka and Ujjal Bhuyan said it was fit case for bail in keeping with SC's ruling in Tamil Nadu minister Senthil Balaji's case.
The factual position which emerges is – (a) As of today there is no order taking cognisance, (b) Appellant has undergone incarceration of about a year, (c) There are 20 accused who will have to be heard on charge. (d) More than 30 prosecution witnesses have been cited. The maximum sentence which can be imposed in this case is imprisonment of 7 years.
Therefore, the principle laid down by this court in V Senthil Balaji judgment will apply,” the court said. It said bail should be granted subject to conditions fixed by lower court, and allowed ED to seek cancellation of his bail in case of violation. The bench asked Centre to exercise its powers to designate a sessions judge as presiding officer of special PMLA court in Raipur.
Though additional solicitor general S V Raju, appearing for ED, told the court that Tuteja is very influential and was running a parallel system in the state for sale of liquor, a bench of Justices Abhay S Oka and Ujjal Bhuyan said it was fit case for bail in keeping with SC's ruling in Tamil Nadu minister Senthil Balaji's case.
The factual position which emerges is – (a) As of today there is no order taking cognisance, (b) Appellant has undergone incarceration of about a year, (c) There are 20 accused who will have to be heard on charge. (d) More than 30 prosecution witnesses have been cited. The maximum sentence which can be imposed in this case is imprisonment of 7 years.
Therefore, the principle laid down by this court in V Senthil Balaji judgment will apply,” the court said. It said bail should be granted subject to conditions fixed by lower court, and allowed ED to seek cancellation of his bail in case of violation. The bench asked Centre to exercise its powers to designate a sessions judge as presiding officer of special PMLA court in Raipur.
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