A bench of Justices B R Gavai and K V Viswanathan noted that Kavitha had been in custody for around five months and the probe against her by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) was complete in these cases.
In a relief to BRS leader K Kavitha, the Supreme Court on Aug 27 granted her bail in corruption and money laundering cases linked to the alleged Delhi excise policy scam.
A bench of Justices B R Gavai and K V Viswanathan noted that Kavitha had been in custody for around five months and the probe against her by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) was complete in these cases.
"As such, custody of the appellant (Kavitha) is not necessary for the purpose of investigation," the bench said.
It set aside a July 1 order of the Delhi High Court which denied bail to the BRS leader in the two cases.
The high court had dismissed Kavitha's bail pleas, saying she was prima facie one of the main conspirators in the criminal conspiracy related to the formulation and implementation of the now-scrapped Delhi Excise Policy 2021-22.
The SC asked her to furnish bail bonds of ₹10 lakh each in the two cases.
While asking Kavitha to surrender her passport to the trial court, the bench said she shall not make any attempt to tamper with evidence or influence witnesses.
During the hearing, the bench questioned the fairness of the probe agencies in investigating these cases and rapped them for "pick and choose".
It also asked the ED and the CBI about the "material" they had to show that Kavitha was involved in the alleged scam.
The bench was hearing Kavitha's pleas seeking bail in the corruption and money laundering cases linked to the alleged scam.
Senior advocate Mukul Rohatgi, appearing for Kavitha, sought bail saying the probe against her has already been completed by the two agencies.
He said she has been in custody for five months in the ED's money laundering case and for over four months in the CBI's case.
Rohatgi also referred to the August 9 apex court verdict granting bail to co-accused and senior AAP leader Manish Sisodia in the two cases.
Additional Solicitor General S V Raju, appearing for the probe agencies, claimed that Kavitha had destroyed/formatted her mobile phone and her conduct amounted to tampering with evidence.
Rohatgi termed the allegation "bogus".
The ED had arrested Kavitha (46) from her Banjara Hills residence in Hyderabad on March 15 and the CBI had arrested her from Tihar jail on April 11.
Kavitha has denied all allegations.
(PTI)
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