The Supreme Court on Tuesday (April 15, 2025) granted bail to Mr. Anil Tuteja, a former IAS officer, in connection with a money laundering case related to the alleged Chhattisgarh liquor scam, citing the absence of mandatory prior sanction under Section 197 CrPC (now Section 218 of BNSS) before the trial court took cognizance of the matter.
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A Bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan noted that the Chhattisgarh High Court, in its order dated April 2, 2025, had already set aside the cognizance order passed by the Special Court on the same grounds. The Court emphasized that no appeal had been filed against the High Court’s decision, thereby implying that no valid cognizance order currently exists.
Mr. Tuteja, who was arrested on April 21, 2024, has spent nearly a year in custody. The case involves over 20 accused persons, with more than 30 prosecution witnesses cited so far.
The Bench referred to its earlier judgment in the Senthil Balaji case, asserting that the legal principles laid down therein are applicable to Mr. Tuteja’s case. The Court also highlighted its February 12, 2025, decision granting bail to a co-accused under similar circumstances.
The Additional Solicitor General, opposing the bail plea, argued that Mr. Tuteja is an influential individual with the potential to tamper with evidence. However, the Court responded by stating that strict conditions can be imposed to address such concerns.
The Apex Court directed that Mr. Tuteja be produced before the Principal District and Sessions Judge of the concerned district to complete bail formalities. Due to the vacancy of the Special PMLA Court under Section 43(1), the Sessions Court will oversee the bail process.
The bail will be subject to stringent conditions, including:
- Surrender of passport
- Furnishing an undertaking to cooperate fully with the Special Court
- Regular attendance during court proceedings once cognizance is taken
The Court clarified that if Mr. Tuteja fails to cooperate, the prosecution has the liberty to seek cancellation of bail.
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