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2022 (9) TMI 1216 - HC - Money LaunderingMoney Laundering - seeking grant of regular bail - sick and suffering from serious co-morbidities - commission of scheduled offences - generation, acquisition, layering and siphoning off the proceeds of crime - Section 45(1) of the PMLA - HELD THAT - The proviso to Section 45(1) of the PMLA carves out an exception from the rigours of Section 45 for persons who are sick or infirm. Once a person falls within the proviso of Section 45(1), he need not satisfy the twin conditions under section 45(1). Whether the applicant falls within the category of sick or infirm so as to grant him the benefit of the proviso to section 45(1) PMLA? - HELD THAT - In view of the medical report, it leaves no room for doubt that the applicant is both, sick and infirm. He is functioning on 30% capacity of one kidney and the other kidney is dead. He requires constant monitoring otherwise his fluctuations can cause death. He has undergone multiple surgeries for removal of his large intestine, gall bladder, peptic ulcer, colostomy and even a hernia operation. He has a pacemaker installed due to his heart condition and is also suffering from Spondylitis and Vertigo. During his period in jail, the applicant contracted Syphilis on 27.10.2021 and Covid-19 on 17.01.2022. Out of the other ailments, only spondylitis and vertigo may be of lesser degree but all other medical conditions are serious and life threatening. Whether the applicant suffers from a condition which cannot be addressed from the jail? - HELD THAT - Prisons provide medical facilities but the services are not comparable to or equivalent to the level of treatment and care one can avail from private hospitals. The facilities in the jail are of a general nature and character which is inadequate to monitor proper health of the applicant who is suffering from multiple serious ailments. The jail is not equipped to provide special and intensive treatment and care that the applicant is in need of. Though the medical report dated 24 May 2022 from Atal Bihari Vajpayee Institute of Medical Sciences states that the applicant is in a stable condition and no new ailments have been detected, the fact remains that the applicant is functioning on a single kidney which is only 30% functional and he has undergone major surgeries with respect to vital organs. Furthermore, during incarceration, the applicant contracted two more diseases viz., syphilis on 27.10.2021 and Covid-19 on 17.01.2022 - The fact that the applicant is suffering from these ailments from the year 2001 is also not of much help to the respondents as it is a given fact that ailments aggravate with age. In 2001, which is 21 years ago, the applicant would have been younger, healthier and in a better position to meet the requirements of his frail health. With age, the response, the resistance, the resilience and the capacity of the body to fight ailments and recuperate efficaciously, decreases. It is already discussed that ailments which, coupled with old age brings the applicant within the purview of Infirm Person . The level of care, attention, minute to minute monitoring, emergent response which the applicant can get from a hospital cannot be provided at the jail. The Applicant continues to suffers from serious co-morbidities, including but not limited to a serious heart condition and a nonfunctional kidney, with the other working in a compromised position. Considering that the applicant is aged, sick and infirm, who is suffering from various complicated diseases, the application needs to be allowed - the bail application is allowed subject to conditions imposed.
Issues Involved:
1. Regular bail application. 2. Scheduled offences under PMLA. 3. Applicant's role in money laundering. 4. Applicant's medical condition and eligibility for bail under Proviso to Section 45(1) of PMLA. 5. Adequacy of jail medical facilities. Detailed Analysis: 1. Regular Bail Application: The application was filed seeking regular bail for the applicant in Complaint Case No. 20/2021 pending before the Special Judge (PC Act), CBI-12, Rouse Avenue, New Delhi, arising from ECIR No. DLZO-1/12/2021. 2. Scheduled Offences under PMLA: The FIR registered by CBI on 31.12.2020 against M/s Shakti Bhog Foods Ltd. (SBFL) and others included offences under Sections 120B, 420, 467, 468, and 471 of the IPC, and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act. These offences are scheduled under the PMLA, leading to the recording of ECIR No. DLZO-1/12/2021 by the Directorate of Enforcement (DoE). 3. Applicant's Role in Money Laundering: The DoE alleged that the applicant, Devki Nandan Garg, was involved in generating, acquiring, layering, and siphoning off proceeds of crime through various shell companies. He was accused of aiding SBFL in inflating its financials through fake purchase-sale bills, thus enabling SBFL to fraudulently borrow loans from banks. The applicant was said to have controlled around 56 shell entities, facilitating the diversion of about Rs. 1576 Crore. The investigation revealed that he was actively involved in the rotation and layering of bank funds, issuing fake invoices, and transferring loan funds to SBFL's sister concerns without genuine business transactions. 4. Applicant's Medical Condition and Eligibility for Bail: The applicant's counsel argued that he falls within the definition of "sick and infirm" under Proviso to Section 45(1) of the PMLA due to multiple serious ailments, including a non-functional kidney, compromised heart condition requiring a pacemaker, and other chronic conditions. Medical reports from Atal Bihari Vajpayee Institute of Medical Sciences confirmed his serious health issues, necessitating lifelong outpatient treatment. The court acknowledged that the applicant's medical condition qualifies him as "sick and infirm," thus exempting him from the twin conditions for bail under Section 45(1) of the PMLA. 5. Adequacy of Jail Medical Facilities: The respondent's counsel argued that the applicant's medical conditions were historical and could be managed within jail facilities. However, the court found that the jail's general medical facilities were inadequate for the applicant's complex and serious health needs. The court noted that the applicant's condition requires constant monitoring and emergent medical assistance, which the jail could not provide effectively. Conclusion: The court granted bail to the applicant, considering his serious medical condition and the inadequacy of jail facilities to provide the necessary care. The bail was granted on the following conditions: - Furnishing a personal bond with a surety of Rs. 50,000. - Appearing before the court when directed. - Providing and maintaining a working mobile number. - Informing the IO and court of any change in address. - Surrendering his passport and not leaving the country. - Not indulging in criminal activity or tampering with evidence. The application was disposed of in these terms.
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