Delhi HC grants bail to Sukesh Chandrashekhar aide in ₹200 crore extortion case
Synopsis
Key Takeaways
The Delhi High Court has granted regular bail to advocate B. Mohanraj, an accused in the ₹200 crore extortion case allegedly orchestrated by alleged conman Sukesh Chandrashekhar, ruling that his continued detention as an undertrial was unwarranted despite the stringent bail conditions prescribed under the Maharashtra Control of Organised Crime Act (MCOCA).
Key Developments
A single-judge bench of Justice Prateek Jalan allowed Mohanraj's bail plea, noting that he had spent nearly four years and ten months in custody as an undertrial. The court observed that the trial — involving 24 accused, 403 prosecution witnesses, and chargesheet documents running to more than 10,000 pages — was unlikely to conclude within a reasonable timeframe.
'The petitioner has already spent approximately 4 years and 10 months in custody as an undertrial... the factors indicated above, including the number of accused (24), number of witnesses (403), and the complexity of the case, make expeditious conclusion of the proceedings unlikely,' the court stated.
Bail Conditions Imposed
The court directed Mohanraj's release on furnishing a personal bond of ₹2.5 lakh with two sureties of the same amount. He must surrender his passport, appear before the trial court on every date of hearing, and is barred from influencing witnesses or tampering with evidence.
What the Prosecution Alleged
The case stems from an FIR registered by the Delhi Police Special Cell in August 2021, alleging that Chandrashekhar and his associates extorted approximately ₹217 crore from the wife of a businessman under the pretext of securing legal relief for her husband. Prosecutors allege that Chandrashekhar ran the extortion syndicate from inside jail, aided by associates and corrupt prison officials.
Mohanraj, described as a practising advocate and a close associate of Chandrashekhar and his wife Leena Maria Paul, is accused of facilitating the acquisition of luxury cars and immovable property in Chennai by allegedly channelling proceeds of crime through third parties, receiving commissions in return.
Constitutional Right vs. MCOCA Restrictions
Justice Jalan noted that the present application required balancing the constitutional right to personal liberty under Article 21 against statutory bail restrictions under special laws such as MCOCA. Citing recent Supreme Court decisions on prolonged incarceration, the court held that statutory restrictions cannot entirely override constitutional protections when trials are unlikely to conclude within a reasonable period.
The court clarified that its observations were confined to the bail application and would not bear on the trial's merits. Notably, the High Court's 2023 judgment rejecting Mohanraj's earlier bail application had recorded a prima facie finding that he had actively assisted the alleged organised crime syndicate — not merely handled legal affairs.
Status of Co-Accused
The order came weeks after the Delhi High Court refused bail to Leena Maria Paul in the same MCOCA case, finding prima facie evidence of her involvement in the syndicate's activities. The Supreme Court has since issued notice to the Delhi Police on Paul's special leave petition challenging that rejection.
Paul had earlier secured bail in the parallel money laundering case investigated by the Enforcement Directorate (ED). The ED case has reached the charge-framing stage against Chandrashekhar, Paul, and several others, while Bollywood actor Jacqueline Fernandez has pleaded not guilty and chosen to face trial.