‘No rule one must spend a year in jail for relief’: SC

New Delhi: The Supreme Court on Monday granted bail to businessman Anwar Dhebar in connection with an alleged Rs 2,000 crore liquor scam, ruling that there is no legal requirement mandating a one-year custody period before bail can be considered.

A bench comprising Justices Abhay S Oka and Ujjal Bhuyan ordered Dhebar’s release, noting he had already spent over nine months in custody since his arrest on August 8, 2024. “It is not a rule to be in custody for a year to get bail,” the bench said during the hearing.

The court observed that the trial in the case was unlikely to begin soon due to the large number of witnesses. “Forty witnesses have been cited in this case. In the predicate offence, there are 450 witnesses. Cognisance has not yet been taken,” the order stated. The maximum sentence for the offence, if proven, is seven years.

Opposing the bail plea, the Enforcement Directorate argued that the court had set a “one-year custody benchmark” in several previous cases and urged adherence to the same in Dhebar’s matter. “He is politically connected and influential. Granting bail may obstruct the trial,” the ED counsel submitted.

Referring to the precedent set in the Senthil Balaji ruling, the court held Dhebar was entitled to bail under stringent conditions. “He shall surrender his passport, if any,” the bench said.

The apex court directed the trial court to release Dhebar within a week, as per conditions to be decided by the special court.

Dhebar, brother of Raipur Mayor and Congress leader Aijaz Dhebar, was the first person arrested in the alleged scam, which stems from an Income Tax department chargesheet involving suspected corruption and irregularities in liquor trade.