The Supreme Court dismissed a Special Leave Petition (SLP) filed by the Enforcement Directorate (ED) seeking the cancellation of bail granted to Indian National Congress MLA Sukhpal Singh Khaira. The bail was granted by the Punjab and Haryana High Court in connection with a money laundering case.
Background Of The Case
Khaira was named in a supplementary charge sheet under the Prevention of Money Laundering Act, 2002, linked to a 2015 case under the Narcotic Drugs and Psychotropic Substances Act, 1985. The Fazilka Special Court had convicted other accused in the case and added Khaira under Section 319 of the CrPC. The Punjab and Haryana High Court granted him bail in January 2022.
Supreme Court’s Decision
A bench of Justices MM Sundresh and Rajesh Bindal rejected the ED’s plea, stating they were not inclined to entertain the SLP. The Court noted that Khaira had not been proven to be a flight risk or likely to tamper with evidence. It also acknowledged the rule favoring bail over denial.
ED’s Allegations Of Delay
The ED alleged that Khaira was delaying the trial through legal tactics. However, the Court allowed the agency to reapply for bail cancellation if the trial continued to face delays.
Conclusion
The Supreme Court’s dismissal upholds the bail granted to Sukhpal Singh Khaira, while providing the ED a chance to act if trial delays persist.