Delhi High Court Extends Interim Bail on Humanitarian Grounds Despite Bail Condition Violation.


08 April 2025 Bail and Antcipatory Bail >> Criminal Law   |   Prevention Of Money Laundering Act >> Criminal Law  

In Lovee Narula v/s Directorate Of Enforcement, Govt Of India., the Delhi High Court recently granted a two-week extension of interim bail to a petitioner, citing humanitarian considerations following the tragic demise of his father, who was on life support. This decision came despite the respondent's strong objection regarding the petitioner's apparent non-compliance with a prior bail condition.

The petitioner had initially been granted interim bail for ten days on March 28, 2025, due to his father's critical medical condition. His father, unfortunately, passed away on April 3, 2025. The petitioner, through his senior counsel, sought a 60-day extension of this interim bail, emphasizing his role as the elder son responsible for performing final rites, supporting his emotionally fragile mother, and managing family logistics and finances in the wake of the loss. The counsel also highlighted the recent bereavement of the petitioner's grandfather in January 2025 and the petitioner's sister being unemployed in Australia.

 
 

The respondent, represented by the learned Standing Counsel, vehemently opposed the extension. Their primary contention was that the petitioner had "outrightly violated" a key bail condition, which required him to report daily to the Police Station Crime Branch, Delhi, between 4:00 PM and 6:00 PM. The respondent submitted that the petitioner complied with this condition only four times and ceased reporting after his father's demise. They also pointed out that the petitioner visited the Tis Hazari Court Complex to depose on an affidavit for the bail extension but failed to simultaneously report to the police station, nor did he seek any modification of the bail conditions. The respondent argued that such disregard for court orders should preclude the grant of further relief.

In rebuttal, the petitioner's senior counsel admitted that compliance ceased after the father's death, attributing it to the "grievous personal loss" and the need for time to mourn. He reiterated the necessity of the extension to "bring his house in order," manage inheritance, re-arrange finances, and perform post-cremation rituals.

After considering submissions from both sides, the Court acknowledged the prevailing circumstances and the humanitarian grounds. Recognizing the petitioner's immediate need to carry out post-cremation rituals and provide emotional and financial support to his mother, the interim bail was extended for a period of two weeks from April 8, 2025. The extension was granted subject to the same conditions as initially imposed on March 28, 2025. The Court explicitly stated that any future flouting of conditions by the petitioner would allow the respondent to move an appropriate application.
This ruling underscores the judiciary's empathetic approach in matters of personal tragedy, even while maintaining the integrity of bail conditions and the judicial process.


  Section 45, PREVENTION OF MONEY LAUNDERING ACT - 2002  

  PREVENTION OF MONEY LAUNDERING ACT, 2002