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Synopsis

The Delhi High Court on Wednesday extended Hyderabad-based Businessman Benoy Babu's interim bail by 10 days on humanitarian grounds, considering the "medical condition of his daughters".

Babu is an accused in a case registered by the Enforcement Directorate in connection with the Delhi Excise Policy case.

During the hearing today, Senior Advocate Vikas Pahwa, on behalf of Babu submitted, “He is on interim bail expiring on 9th September, no prejudice will be caused if atleast 2 or 3 weeks are given to him”.

The bench of Justice Dinesh Kumar Sharma noted, “The learned senior counsel for the petitioner are seeking an extension of interim bail on the medical condition of the daughters of petitioner. Mr. Zoheb Hossain has vehemently opposed the same and submitted that the medical condition of the children does not necessitate the extension of the interim bail”.

On perusal of the report of the doctors, Justice Sharma noted that Babu's daughters are suffering from Major Depressive Disorder (MDD) (moderate) and have been referred to Ms. Tanvi Baluja for therapy.

“Without going into the merits of the case, considering the plea merely on the medical condition of the children on humanitarian grounds the interim bail is extended till September 19 on the same terms and conditions”, the court ordered.

“Since the interim bail has been extended for 10 days purely on humanitarian grounds, no further extension of interim bail on the issue of medical condition of daughters shall be sought”, the court said.

The interim bail to Babu was initially granted for 2 weeks from August 26 for his daughter's surgery related to a sinus problem.

Notably, on Monday i.e September 4, Special Judge MK Nagpal of Rouse Avenue Court had "denied extension of interim bail" to Pernod Ricard India official, Benoy Babu in connection with the money laundering case related to the alleged excise policy scam. He was seeking an extension of three weeks.

The court had ordered, “The present application filed by accused Benoy Babu seeking extension of his interim bail is being dismissed and he is directed to surrender in the concerned jail at Tihar by 6pm on 09.09.2023 in terms of the previous order dated 24.08.2023 of this court. However, on humanitarian grounds, it is being directed that during the period of four weeks next to the date of his surrender in jail and in addition to the normal phone calls and video calls permitted to him as per the Jail Manual, he shall also be permitted to make two video calls of duration of 30 minutes each per week to his family members”.

It is to be noted that on July 3, the High Court had "dismissed" Benoy Babu's regular bail plea. While denying bail, the bench had said, "The accused person in the present case, acting in furtherance of a conspiracy, circumvented the policy and got framed the policy in such a way that to continuously generate and channel illegal fund. Allegations are that deliberate loopholes were left to facilitate illegal and criminal activity."

"I consider that at this stage there is sufficient material on record that the petitioner (Benoy Babu) was indulging in or knowingly assisting in the process or activity connected with the proceeds of crime and it cannot be said that there are reasonable grounds for believing that the petitioner is not guilty of such offence and he's not likely to commit any offence", the court had added. 

Justice Sharma had said, "It was allegedly a well spun conspiracy to generate proceeds of crime and in such case, every person who is connected with any process or activity relating to Prevention of Corruption (POC) Act, cannot avoid his/her responsibility. The allegations are very serious in nature...".

Case Title: Binoy Babu v. Directorate of Enforcement 

Statue: The Code of Criminal Procedure; The Prevention of Money Laundering Act