In a significant development, the Supreme Court of India on Wednesday granted bail to former Rajasthan minister Mahesh Joshi, who had been in custody for over seven months in connection with a money laundering case. The case is tied to allegations of using forged certificates in public tenders during his tenure.
Bail Granted with Strict Conditions
The apex court, while ordering his release from Jaipur's Central Jail, imposed several stringent conditions. Mahesh Joshi must surrender his passport to the special trial court and cannot leave India without obtaining prior permission from the court. The 71-year-old Congress leader is also mandated to appear regularly before the court and cooperate fully with the proceedings to ensure an early resolution of the case.
The bench comprising Justices Dipankar Datta and Augustine George Masih heard Joshi's appeal against earlier orders that denied him bail. His initial bail pleas were rejected by both the trial court and the Rajasthan High Court on August 26.
Court's Reasoning for Bail
The Supreme Court highlighted several factors that influenced its decision. It noted that multiple co-accused in the same case had already been granted bail, which warranted a fresh look at Joshi's continued detention. The court also observed that the trial is not likely to begin soon, given the massive volume of evidence involved.
"In our view, these circumstances indicate that the commencement of the trial is not imminent and that the trial itself is not likely to conclude once started in the near future. The continued detention of Joshi requires closer scrutiny in light of constitutional considerations," the bench stated.
The evidence in the case is entirely documentary, comprising:
- Statements from 66 witnesses
- 184 documents
- Over 14,600 pages of material
The proceedings are currently at a preliminary stage, focused on supplying copies of the police report and other documents to the accused.
Background of the Money Laundering Case
The Directorate of Enforcement (ED) arrested Mahesh Joshi on April 24 this year. The case was originally registered by the agency on August 21, 2023, under the Prevention of Money Laundering Act (PMLA), 2002.
The allegations stem from the purported misuse of forged IRCON certificates in Public Health Engineering Department (PHED) tenders floated during 2022-2023. This scandal led to several First Information Reports (FIRs) by the Anti-Corruption Bureau (ACB), resulting in official suspensions and the blacklisting of firms.
Notably, Joshi was not named in the original FIRs but was later implicated as an accused through supplementary complaints filed by the investigating agency. The court also considered Joshi's age, his conduct during a period of interim bail earlier, and the fact that the evidence is already in the possession of the ED. It concluded that his further detention was not necessary for the investigation or trial, as no further recovery of evidence or proceeds of crime was anticipated.
