2023 (10) TMI 1094 - HC - Money Laundering

Seeking grant of bail - bail sought on the ground of sickness - Money Laundering - HELD THAT - The health report of the petitioner does not appear to be a medical condition which could be taken care only if he is released on bail. That apart his past conduct his present position as Minister without Portfolio and the abscondence of his brother Mr.Ashok Kumar coupled with the attack on the Income Tax Officials all cumulatively leads to an irresistible conclusion that certainly he will directly and indirectly influence or cause deterrence to witnesses if released on bail. The non-cooperation of the co-accused Mr.Ashok Kumar who is blood brother of the petitioner also justifies the apprehension of Enforcement Directorate that there is flight risk causing impediment in progress of trial. This Court is not inclined to grant bail to the petitioner. Accordingly this Criminal Original Petition is dismissed.

Summary

Issues involved:
The petition for bail based on health grounds u/s Section 3 & 4 of Prevention of Money-Laundering Act, 2002.

Comprehensive details of the judgment for each issue involved:

Issue of bail based on health grounds:
The petitioner sought bail on the grounds of sickness, relying on medical records indicating Coronary Artery Disease and related health issues. The petitioner's counsel argued that the term 'sickness' in PMLA should encompass those in need of continuous medical care, unable to carry out daily activities independently. However, the respondent contended that the petitioner's ailment did not necessitate care beyond what the prison or government hospital could provide. The court noted that the petitioner's health condition did not require bail solely for medical reasons, considering his past conduct, current political position, and the abscondence of his brother, a prime suspect in the case. The court concluded that granting bail could lead to witness tampering and hinder the progress of the trial, thus denying the bail application.

Judicial Precedents:
The counsels on both sides cited various judgments from the Hon'ble Supreme Court of India and High Courts to support their arguments. These included cases such as Vijay Mandanlal Chaudhary vs. Union of India, Union of India vs. Rattan Mallik Alias Habul, and others. However, the court's decision was based on the specific circumstances of the case at hand, considering the petitioner's health, political influence, and flight risks associated with the co-accused.

Conclusion:
After considering the arguments presented by the petitioner's counsel and the respondent, the court dismissed the Criminal Original Petition, refusing to grant bail to the petitioner based on health grounds. The court highlighted concerns regarding potential witness tampering, flight risks, and the overall impact on the trial proceedings.