2018 (11) TMI 1930 - HC - Money Laundering

Seeking grant of interim bail - bail sought on medical grounds - HELD THAT - Taking into account that the applicant is an old lady and is suffering from various old age disease, we grant her interim bail at this stage with a direction that she shall remain present before this Court on the next date fixed. Let the applicant, namely, Kusum Lata involved in Complaint Case under sections 3 read with 4 Prevention of Money Laundering Act, 2003 registered with Enforcement Directorate, Lucknow be released on interim bail on her furnishing a personal bond of Rs. 5 lacs with two sureties each in the like amount to the satisfaction of the Special Court, Lucknow - application allowed.

Summary

Issues:
1. Bail application of the applicant based on medical grounds.
2. Extension of interim protection granted by the Apex Court.
3. Surrender of the applicant and subsequent custody.
4. Consideration of bail application by the High Court.
5. Conditions imposed for granting interim bail to the applicant.
6. Requirement for medical examination of the applicant.
7. Directions for cooperation with the trial court and authorities.

Analysis:

1. The applicant, identified as Kusum Lata, surrendered before the court following an order by the Apex Court. Her counsel sought interim bail based on her old age and medical conditions, including a kidney transplant. The applicant expressed willingness to comply with any conditions set by the court and cooperate with the ongoing trial.

2. The interim protection granted by the Apex Court was extended for the applicant for an additional 30 days beyond the initial period. This extension was in response to a time extension application filed before the Apex Court, allowing the applicant to avoid arrest during this period.

3. The High Court acknowledged the surrender of the applicant and took her into custody, considering the precedent set in a previous case where the presence of the accused in court was treated as surrender, leading to a decision on the bail application.

4. The High Court reviewed the bail application, noting that it primarily relied on medical grounds for consideration. The court allowed the applicant's counsel to file a supplementary affidavit to address any additional aspects of the case that might support the bail application.

5. In granting interim bail to the applicant, the High Court imposed conditions, including a personal bond, sureties, and directives to cooperate with the trial court. The court emphasized that failure to comply would result in the automatic cancellation of the interim bail.

6. To verify the applicant's medical condition, the court directed her to undergo a medical examination by a Medical Board constituted by the Chief Medical Officer of Ghaziabad. The board was instructed to submit a report on the applicant's health before the next court date.

7. The court issued specific directions for the applicant to follow, including appearing before the court on scheduled dates, depositing any passport with the court, and ensuring cooperation with medical examinations and trial proceedings. Non-compliance would lead to coercive action against the applicant.

In conclusion, the High Court's judgment addressed the applicant's bail application, extension of interim protection, surrender, medical considerations, and cooperation with legal proceedings, outlining detailed conditions and directives for the applicant to follow.