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"The appellant has been behind bars for last five months and the likelihood of trial to conclude is very slim. Undertrial custody should not become a punishment as recorded in Manish Sisodia's case", court has noted today
The Supreme Court of India has today granted bail to Bharat Rashtra Samithi leader and daughter of former Telangana Chief Minister K Chandrasekhar Rao, K Kavitha in connection with the cases registered against her by Enforcement Directorate and Central Bureau of Investigation in the liquor policy scam.
A bench of Justices BR Gavai and KV Vishwanathan has asked Kavitha to furnish bail bonds of INR 10 lakhs in both the cases.
"She will not tamper evidence of witnesses. She will deposit her passport with the trial judge. She shall regularly appear before the trial court", the order adds.
The bench further observed that in view of proviso of Section 45(1) of the Prevention of Money Laundering Act, a woman was entitled to bail without the twin conditions requirement to be satisfied.
On August 12, the top court had issued notice on Kavitha's plea and sought the response of ED and CBI.
Court was told earlier that Kavitha was covered by the top court's decisions of granting bail to AAP leaders Arvind Kejriwal and Manish Sisodia.
In July, the Delhi High Court, had denied bail to Kavitha in the cases filed by the CBI and ED concerning the now-defunct liquor excise policy. “However, while deciding the present bail applications, though this Court may appreciate these accomplishments, it cannot lose sight of serious allegations levelled by the prosecution and the evidences collected during the course of investigation and presented before this Court, which prima facie reveal her role in the offence in question”, the bench of Justice Swarana Kanta Sharma held.
Kavitha's plea for bail was dismissed by Rouse Avenue Court on May. She approached the trial court after the Supreme Court in March had denied her any relief after she was arrested by the Enforcement Directorate.
Notably, she was arrested by the ED on March 15 in Hyderabad. The genesis of the case against her and others implicated in the Delhi excise scandal traces back to 2022, with the filing of a First Information Report (FIR) by the CBI. This FIR contended that the Delhi Excise Policy of 2021-22 was tampered with to facilitate the monopolization and cartelization of Delhi's wholesale and retail liquor trade. 6, prompting her to escalate the matter to the High Court.
Substantial kickbacks amounting to approximately Rs. 90-100 crores were allegedly paid to public servants, purportedly returned through inflated profit margins and credit notes in the South Indian liquor business.
Case Title: KALVAKUNTLA KAVITHA vs. DIRECTORATE OF ENFORCEMENT
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