New Delhi, January 5
The Delhi High Court on Thursday fixed January 11, 2023, for hearing the Central Bureau of Investigation (CBI) plea challenging the trial court order granting bail to Aam Aadmi Party’s Vijay Nair and Hyderabad-based businessman Abhishek Boinpally in the Delhi excise policy case.
The court earlier issued notice to Nair and Boinpally on the CBI plea. The Bench of Justice Dinesh Kumar Sharma on Thursday noted that both parties have filed their written submissions. The court fixed the date of January 11 for arguments in the matter.
The court further noted that the bail plea of Vijay Nair and Abhishek Boinpally is also pending in trial court on January 12 and January 13, 2023, in a related ED Case.
CBI’s Petition stated that the trial court judge has not only granted a concession of bail to the respondent accused in an extremely serious and wide-ranging economic offence but this discretion has been exercised at a very crucial stage of an investigation.
The agency submits that the seven tests prescribed by the Supreme Court to test any discretionary order dealing with bail has not been complied with in the present case. It is also submitted that the present case is a case of a conspiracy sought to be carried out in an extremely convoluted manner with a clear purpose of making an attempt that the investigation if any, does not reach the real culprits.
It further stated that the petitioner agency was asked to inquire into a report submitted by none other than the Chief Secretary of the NCT of Delhi by letter on July 22 last year.
During the course of awaiting Section 17-A permission, certain other information was received by the Petitioner Agency.
Accordingly, the petitioner agency commenced an investigation and unearthed the conspiracy led by the present Applicant who was collecting money from private liquor wholesalers in lieu of getting favourable changes made in the Excise Policy of 2021.
During the course of hearing of the present bail application, the petitioner had shown its case diary to the trial court judge which shows a far graver offence as also the stage and interest of investigation which would be adversely affected by the release of the respondent on bail.
On November 14 in 2022, Aam Aadmi Party (AAP) communications in-charge Vijay Nair and Hyderabad-based businessman Abhishek Boinpally were granted bail by the Rouse Avenue court in the Delhi excise policy case.
However, Nair and Boinpally were not released from Tihar jail as the Enforcement Directorate has taken them into granted custody in the same case of money laundering.