In Brief
In this bail appeal, the Supreme Court examined whether Arvind Kejriwal, Chief Minister of Delhi, was illegally arrested in a CBI case concerning the 2021-22 Excise Policy and whether he deserved bail. The Court held that while the arrest procedure was technically lawful—finding that Section 41A of the CrPC does not require a formal notice to persons already in judicial custody—the appellant was entitled to bail on substantive grounds. Given the complexity of the case, the large number of witnesses (224), and the lack of any imminent trial conclusion, prolonged incarceration would violate Article 21. All material evidence was safely with the CBI, negating tampering concerns. The Court granted bail with strict conditions, including a prohibition on public comments about the case's merits and a requirement to appear at every trial date.
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