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of <h1>Appeal allowed; anticipatory bail set aside as custodial interrogation necessary; respondent given three weeks to surrender</h1> <h3>DIRECTORATE OF ENFORCEMENT Versus AMIT AGGARWAL</h3> The SC allowed the appeal and set aside the High Court order granting anticipatory bail, finding custodial interrogation necessary. The respondent had ... Seeking grant of anticipatory bail - Money laundering - bail sought on medical grounds - HELD THAT:- Certainly, it is a case where custodial interrogation of the respondent is required. Qua the summons issued by the appellant-ED, there was reluctance on the part of the respondent, as he was not cooperating with the investigation, and did not appear before the appellant-ED nearly 6 times out of the 8 summons that were issued. Considering the above, notwithstanding the reasoning given by the High Court on medical grounds, it is not inclined to sustain the impugned order. The impugned order stands set aside. However, taking into consideration the facts of the case, it is inclined to grant three weeks’ time for the respondent to surrender - appeal allowed. Leave granted. The High Court's grant of anticipatory bail to the respondent is set aside. The Court disagreed with the High Court's reasoning (including medical grounds), concluding that 'custodial interrogation of the respondent is required.' The respondent had shown reluctance to cooperate with the investigation, failing to appear on approximately six of eight summonses issued by the appellant-ED. The appeal by the appellant-ED is allowed. The Court granted the respondent three weeks' time to surrender; upon surrender and filing of a regular bail application, the Trial Court is directed to 'expedite the hearing' of that application. The decision allowing the appeal is made explicit to have 'no bearing on the regular bail application to be filed by the respondent.' The anticipatory bail application of a co-accused facing 'lesser serious allegations' had been dismissed. Pending applications stand disposed of.
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