2017 (8) TMI 1668 - HC - Money Laundering

Permission for withdrawal of Bail application - application has been filed seeking interim bail on the ground of illness of the mother of the petitioner who has recently suffered a fracture in the neck - HELD THAT - The regular bail application is dismissed as withdrawn. Seeking grant of Interim Bail - It has been submitted on behalf of the petitioner that he is the only son of his mother who has suffered a fall and has got a fracture in her neck - HELD THAT - Taking into account the facts, specially the period of incarceration of the petitioner, submission of the charge sheet in the main case and the illness of the mother of the petitioner, this Court is inclined to grant interim bail to the petitioner for a period of 3 weeks - Let the petitioner be released on interim bail for the period of 3 weeks, to be counted from the date of his release, on his furnishing a bond in the sum of Rs. 25,000/- with two sureties of the like amount to the satisfaction of special court and subject to the conditions imposed. Bail application allowed.

Summary

Issues:
1. Bail application under Prevention of Money Laundering Act, 2002.
2. Application for interim bail on grounds of mother's illness.
3. Consideration of petitioner's history with ED and charge sheet submission.
4. Granting interim bail with specific conditions.

Bail Application under Prevention of Money Laundering Act, 2002:
The judgment pertains to a bail application filed by the petitioner under Section 3 & 4 of the Prevention of Money Laundering Act, 2002, in connection with a specific case registered as ECIR/18/DZII/2016/AD. The petitioner sought bail, and simultaneously, an application for interim bail was filed citing the illness of the petitioner's mother, who had recently suffered a neck fracture.

Application for Interim Bail on Grounds of Mother's Illness:
The petitioner, being the only son of his mother, requested interim bail due to his mother's health condition. The medical report indicated that the mother had a neck fracture and was in acute pain. The petitioner highlighted that he had a young son, and his sister was abroad. Despite opposition, the Court considered the petitioner's family circumstances, the period of incarceration, and the submission of the charge sheet, and granted interim bail for three weeks.

Consideration of Petitioner's History with ED and Charge Sheet Submission:
During the proceedings, the petitioner's counsel emphasized that the petitioner had cooperated with the Enforcement Directorate (ED) in the past, never evading the investigative process. The Court took note of this history, along with the charge sheet submission in the main case, in its decision to grant interim bail to the petitioner.

Granting Interim Bail with Specific Conditions:
The Court, after considering various factors, including the petitioner's incarceration period, the charge sheet submission, and the mother's illness, granted interim bail to the petitioner for three weeks. The bail was subject to conditions such as furnishing a bond, providing sureties, not tampering with evidence, staying within NCR of Delhi, seeking permission to leave the country, and depositing the passport with the Special Court. Any violation of the specified conditions could lead to the withdrawal or cancellation of the interim bail.

Overall, the judgment addressed the bail application under the Prevention of Money Laundering Act, 2002, and the subsequent grant of interim bail based on the petitioner's family circumstances, past cooperation with authorities, and the specific conditions imposed to ensure compliance and prevent any prejudicial acts during the bail period.