The Supreme Court has granted bail to Humayun Merchant. He is an alleged aide of the late gangster Iqbal Mirchi. He is in a money laundering case filed by the Enforcement Directorate (ED). The decision was made by a bench comprising Justices Sanjiv Khanna and Sanjay Kumar. Considering Merchant’s age and the duration of his incarceration.
Background
Merchant, aged 75, has been in custody for over four years and nine months, with his trial still pending. The bench stated, “Having regard to the fact that the appellant, Humayun Suleman Merchant, is more than 75 years of age and has already suffered actual incarceration for four years and nine months, we accept the present appeal and direct that the appellant, Humayun Suleman Merchant, will be released on bail.”
However, the court imposed conditions on Merchant’s release, requiring him to surrender his passport and forbidding him from leaving India without the trial court’s permission. He must also cooperate with the trial and refrain from seeking adjournments. The court warned that violating these conditions could result in his bail being revoked.
About Appeal
The appeal was against a February order from the Bombay High Court. It had denied Merchant bail despite his lengthy incarceration. The High Court cited its discretion to release individuals awaiting trial. This is based on their detention duration but found substantial evidence of Merchant’s involvement in the alleged crimes.
Investigations revealed that Iqbal Mirchi, associated with notorious gangster Dawood Ibrahim, was involved in narcotics smuggling and extortion. Mirchi’s substantial wealth, allegedly accumulated through these activities, was laundered by investing in properties across Maharashtra, presenting them as legitimate.
The trial court’s observations highlighted Merchant’s active role in Mirchi’s operations, including his participation in laundering the proceeds of crime. These findings influenced the High Court’s decision to deny bail.
Senior advocate Sidharth Luthra represented Merchant, while ASG SV Raju appeared for the ED.
The Supreme Court’s decision to grant bail, considering Merchant’s age and prolonged detention. This underscores the balance between judicial discretion and the rights of the accused.
