SHRI LOVEE NARULA vs DIRECTORATE OF ENFORCEMENT, GOVT OF INDIA
$~78
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 08.04.2025
+ BAIL APPLN. 1376/2025
SHRI LOVEE NARULA …..Petitioner
Through: Mr. Abhijat, Sr. Advocate with Mr. Piyush Sanghi, Mr. Rohan Wadhwa, Ms. Khushbu Sahu, Mr. Nikhil Singhi, Mr. Raohithya Raj Mishra and Ms. Anushka Ojha, Advs.
versus
DIRECTORATE OF ENFORCEMENT, GOVT OF INDIA
…..Respondent
Through: Mr. Arkaj Kumar, Standing Counsel with Mr. Aakarsh Mishra, Mr. Ishank Jha and Ms. Vaishnavi Bhargava, Advs. for Directorate of Enforcement.
CORAM:
HON’BLE MS. JUSTICE SHALINDER KAUR
SHALINDER KAUR, J (ORAL)
CRL.M.A. 10739/2025 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
BAIL APPLN. 1376/2025
3. This is a third Bail Application has been filed on behalf of the Petitioner under Section 528 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 45 of the Prevention of Money Laundering Act, 2002, seeking an extension of the interim Bail for a period of 60 days on the humanitarian grounds, in connection with the ECIR/DLZO-II/03/2024 dated 16.03.2024, arising out of the FIR No. 59/2024 dated 12.03.2024 registered at the Police Station Crime Branch, Delhi.
4. Mr. Abhijat, learned Senior Counsel submits that the Petitioner had been granted an interim Bail by this Court vide Order dated 28.03.2025 passed in Bail Appl. bearing No. 1159/2025, for a period of 10 days on account of the medical grounds of his Father being on life support in the Intensive Care Unit.
5. He submits that, tragically, the Father of the Petitioner passed away on 03.04.2025 and the interim Bail granted to the Petitioner by this Court is due to lapse today.
6. The learned Senior Counsel submits that the Petitioner is the sole bread winner of his family and his younger Sister, pursuing her studies in Australia, is currently unemployed, while the Mother of the Petitioner is emotionally fragile and under depression due to the unfortunate turn of events. Furthermore, he submits that the Petitioner has also suffered the bereavement of his Grandfather recently in January, 2025.
7. He further submits that the Petitioner, being the elder son, bears the solemn duty of performing the final rites of his late Father and moreover, the Petitioner has to support his Mother, emotionally as well as financially, and to see through the logistical challenges vis a vis post-cremation rituals.
8. In light of these circumstances, he submits, the Petitioner be granted an extension of the interim Bail for a further period of 60 days on humanitarian grounds.
9. Per contra, Mr. Arkaj Kumar, learned Standing Counsel for the Respondent, while opposing the present Bail Application, contends that the Petitioner, while he was on interim Bail granted vide Order dated 28.03.2025, has outrightly violated the Bail conditions imposed by this Court, specifically the condition to report daily to the Police Station Crime Branch, Delhi between 4:00 PM to 6:00 PM. He submits that the Petitioner has adhered to the aforesaid Bail condition merely on 4 occasions and thereafter, ceased compliance thereof, following the demise of his Father on 03.04.2025.
10. The learned Standing Counsel submits that the Petitioner also visited the Tis Hazari Court Complex to depose on an Affidavit seeking an extension of his interim Bail, filed in the present Bail Application. He submits that the Petitioner could have simultaneously reported to the Police Station Crime Branch, which he failed to do. Moreover, he chose not to file an application seeking modification of the Bail conditions imposed by this Court. Specifically, when he has categorically pleaded in the present Application that he will abide by any conditions imposed on him for the extension of his interim Bail, while simultaneously flouting the conditions already imposed on him vide Order dated 28.03.2025.
11. The learned Standing Counsel submits that the copy of the relevant portion of the Visitors Register is annexed with the Reply handed across the Board.
12. The Reply and the Annexures attached therewith, are taken on record.
13. Lastly, he submits that keeping in view the Petitioners disregard for the conditions imposed by this Court and the clear infractions thereof, the benefit of extension of the interim Bail ought not be given to him, therefore, the present Application be dismissed.
14. In rebuttal, the learned Senior Counsel submits that the Petitioner had dutifully complied with the condition to report daily to the concerned Police Station until the death of his Father. He submits that in wake of such a grievous personal loss, the Petitioner required some time to mourn the sad demise of his Father, therefore, he could not report to the concerned Police Station. Moreover, he submits that extension of the interim Bail for 60 days is necessary as the Petitioner has to bring his House in order as the inheritances are to be managed, finances to be re-arranged, ceremonial rituals/obligations in respect of his late Father to be performed, therefore, the learned Senior Counsel prays that the Petitioner be afforded the benefit of an extension of interim Bail in face of these circumstances as well as on humanitarian grounds.
15. This Court has considered the submissions advanced by the learned Senior Counsel for the Petitioner as well as by the learned Standing Counsel on behalf of the Respondent.
16. In these prevailing circumstances and on humanitarian grounds coupled with the fact that the Petitioner would be required to carry out post-cremation rituals and to support his Mother emotionally and financially, the interim Bail granted to the Petitioner is hereby extended for a further period of 2 weeks from today, as it is stated that the interim Bail granted by this Court vide Order dated 28.03.2025 is set to expire today i.e. 08.04.2025, subject to the same conditions as imposed by this Court vide Order dated 28.03.2025.
17. Needless to say, if the Petitioner flouts any of the conditions imposed on him, the Respondent shall move an application before this Court in this regard.
18. Copy of this Order be sent to the Jail Superintendent concerned for information and necessary compliance.
19. The interim Bail Application is disposed of in the aforesaid terms.
SHALINDER KAUR, J
APRIL 8, 2025/sds/KM
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