2022 (1) TMI 12 - DSC - Money Laundering

Seeking grant of bail - money laundering - proceeds of crime - bail sought on the ground that wife of accused was slipped in bathroom and was seriously injured - HELD THAT - It has to be noted that the temporary bail is prayed on humane ground. Situation mentioned in the application indicates that, applicant is in jail since 23.01.2021. His bail application was rejected. He has two children, son and daughter. Son is aged 16 year and daughter is aged 11 year. There is no to look after them as their mother is admitted in the hospital. Acquaintances, who shifted her to the hospital have certain limitations and this fact cannot be ignored. Apart from this, it has to be noted that, in other offences for example offence against human body, family members of accused involved in offences against human body know well the background, conduct of the person accused and consequences of his act. However, economic offences are product of wise brains and accused persons involved therein are generally highly educated and qualified. The situation mentioned in the application has to be considered with humane approach. There is no one except two children, in the family of the accused, to look after their mother. Whatever medical papers forwarded by Dr. Umesh Shetty have no history like issuing fake medical certificates to the accused and their families for getting bail from the Court. When there is no history as such and Dr. Umesh Shetty is well known Orthopedic Surgeon in Mumbai, his opinion cannot be discarded by completely disbelieving him. Therefore, the impact on the children and genuine need of their father to cope up with the same is an ardent need which is reflecting from the application and medical papers. Application is allowed as a first and last chance that, no further application on such ground or other, will be entertained or even for continuation of temporary liberty will be entertained after the lapse of period directed in this order.

Issues:
1. Consideration of temporary bail application on humanitarian grounds due to family circumstances.
2. Opposition by Enforcement Directorate (ED) citing gravity of economic offence and money laundering.
3. Concerns raised about the applicant's influential status and potential witness tampering.
4. Detailed medical report and treatment plan for the applicant's wife presented in court.
5. Legal arguments and precedents cited by both the defense and the prosecution.
6. Decision by the judge on the temporary bail application and imposition of specific conditions.

Issue 1: Consideration of Temporary Bail Application on Humanitarian Grounds:
The applicant, accused No.11, sought temporary bail due to his wife's serious medical condition after a fall. The wife was hospitalized with significant spinal injuries and the applicant, being in jail since January 2021, requested bail to care for their children. The defense emphasized the temporary nature of the request, solely for supporting the family during a crisis.

Issue 2: Opposition by Enforcement Directorate (ED) on Gravity of Economic Offence:
The ED opposed the bail application, highlighting the severity of money laundering and economic offenses. Citing legal precedents and the national interest, the ED argued against granting bail based on the gravity of the alleged crime and the potential threat to the economy. The ED contended that the application was not maintainable and should be rejected on merit.

Issue 3: Concerns about Applicant's Influence and Witness Tampering:
Concerns were raised about the applicant's influential status and the possibility of witness tampering due to financial power. Legal arguments referenced stringent views on bail for economic offenses and the need for caution in such cases. Precedents were cited to emphasize the gravity of the offense and the potential risks associated with granting bail.

Issue 4: Detailed Medical Report and Treatment Plan Presented:
A detailed medical report by Dr. Umesh Shetty outlined the wife's severe injuries and treatment plan. The report described the spinal injuries, neurological symptoms, and the need for strict bed rest and medical care. The court examined the authenticity of the medical papers and found no evidence of falsification to obtain bail.

Issue 5: Legal Arguments and Precedents Cited:
Both the defense and the prosecution cited legal precedents to support their arguments. The defense referred to a recent High Court order allowing temporary bail in similar circumstances. The prosecution relied on Supreme Court judgments regarding economic offenses and money laundering to oppose the bail application.

Issue 6: Decision on Temporary Bail Application and Imposition of Conditions:
Considering the humanitarian grounds and the family's circumstances, the judge granted temporary bail to the applicant until a specified date. Specific stringent conditions were imposed, including financial bonds, continuous surveillance by the ED, and restrictions on tampering with evidence or contacting witnesses. The judge emphasized that this was a one-time allowance and no further extensions would be entertained beyond the specified period.

This detailed analysis covers the issues involved in the legal judgment, including the arguments presented by both sides, the medical evidence, and the final decision by the judge regarding the temporary bail application.

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