Mumbai, Feb 4 (PTI) The Bombay High Court on Tuesday granted bail to Shiv Sena (UBT) functionary Suraj Chavan in a money laundering case linked to alleged irregularities in the distribution of 'khichdi' packets to migrant workers in Mumbai during the COVID-19 pandemic.

Justice Milind Jadhav allowed Chavan's bail application, saying he was incarcerated for more than one year and the trial in the case was "not likely to be completed in the foreseeable future".

"If applicant's detention is further continued, it would amount to infringement of his fundamental rights under Article 21 of the Constitution of India of a speedy trial and guarantee of personal liberty," the court said.

The Enforcement Directorate (ED) arrested Chavan, a core committee member of the Yuva Sena, youth wing of the Uddhav Thackeray-led Shiv Sena (UBT), in January 2024.

The money laundering case of the ED stems from a First Information Report registered by the Mumbai police's Economic Offences Wing (EOW).

As per the ED, the Brihanmumbai Municipal Corporation transferred Rs 8.64 crore into the bank account of Force One Multi Services to distribute khichdi packets to migrant workers who were stranded in the city during the lockdown on account of COVID-19.

Force One Multi Services generated proceeds of crime of Rs 3.64 crore, of which Rs 1.25 crore was diverted to Chavan's bank account and Rs 10 lakh to the bank account of his partnership firm Fire Fighters Enterprises, it claimed.

In this manner, Chavan wrongfully acquired proceeds of crime to the tune of Rs 1.35 crore, which he used to buy property and invest in dairy business, the central agency alleged.

Advocate Ashok Mundargi, appearing for the accused, had argued that Chavan was not named as accused in the 'predicate' offence and the ECIR (Enforcement Case Information Report), but arrested solely based on the statements co-accused in the case.

He said that using the statements of accused persons as witnesses "solely for the arrest of the applicant (Chavan) is the most unfair part of investigation".

The accused was targeted as he was a political functionary, the lawyer claimed.

The ED, however, contended that the extent of proceeds of the crime received by Chavan is such that he cannot be entitled for bail.

The HC, after hearing both the sides, held that Chavan was in custody for more than a year. Except for taking cognisance, there is no other progress in the case and charges are yet to be framed, it noted.

There are 20 prosecution witnesses cited by the ED in its complaint and it would therefore be difficult to comprehend that the trial is likely to be completed in the foreseeable future, the court said.

"The applicant has fully cooperated with the prosecution agency and made all disclosures. Hence, his further incarceration shall not serve any useful purpose, rather it would amount to punishing him before guilt is proved," it said.

The HC directed Chavan to be released on a provisional cash bail of Rs 1 lakh. It also permitted him to provide one or two sureties of the same amount within four weeks of his release from prison.

The HC also said the accused shall not leave Maharashtra without prior permission of the trial court. PTI AVI KRK GK