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TMI Blog2020 (10) TMI 1262X X X X Extracts X X X X X X X X Extracts X X X X ..... etic since the year 2013, suffering from hyper tension since the year 2010 and has cardiac problem and has also been suffering from degenerative spondylosis since October 2018 - It is pertinent to note that the Chief Medical Officer has clearly made an observation about the chronic disease conditions of the petitioner. Therefore, certainly this aspect can be considered for granting bail. Whether there is any chance of his fleeing away from India and thereby hampering the trial? - HELD THAT:- The answer should be definitely not because the petitioner has surrendered his passport. Investigation is over, it is not the case of the prosecution that petitioner is required for further investigation. Sri Madhukar Deshpande argued that accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rns. Till March 2019, the petitioner gave them profits and thereafter stopped. When he requested the petitioner to return the deposits, he failed. On receipt of this report, the State Government constituted a special investigating team and thereafter the investigation was transferred to CBI. It came to light that the petitioner had collected ₹ 4,000 crore from more than fifty five thousand people by giving a false picture about the profits being made by IMA group of companies. Then the discrepancy to the tune of ₹ 1001.80 crore was pointed out between the signed financial statements and the actual books of accounts of IMA Group of Entities. The Enforcement Directorate took over the investigation. In the light of the above facts, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... written by the Chief Medical Officer of the Central Prison, Bengaluru, to the Chief Superintendent of the Central Prison and argued that the health condition of the petitioner being so, it is expedient to release him on bail so that he can take better treatment in a hospital of his choice. The petitioner assures of appearing before the court regularly till conclusion of trial and he is also ready to abide by any conditions that the court imposes on him. He placed reliance on number of authorities in support of his argument that in extreme medical conditions, the courts have always taken a lenient view by granting bail and since a similar case has been made out, he argues for allowing the petition. He has also relied on the following judgmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner, it was the argument of Sri Madhukar Deshpande that the petitioner's health condition is stable as has been reported by the Chief Medical Officer of the Central Prison. The trial court has observed the same in its order. Diabetes and hyper tension are all common ailments which can be managed and therefore this ground cannot be considered for granting bail to the petitioner. He has placed reliance on umpteen authorities, namely, (i) Y.S.Jagan Mohan Reddy vs Central Bureau of Investigation [(2013) 7 SCC 439] (ii) Rohit Tandon vs Directorate of Enforcement [(2018) 11 SCC 46] (iii) Ram Narayana Popli vs CBI [(2003) 3 SCC 641] (iv) Manoranjana Sinh Gupta vs CBI [(2017) 5 SCC 218] (v) Nimmagadda Prasad vs CBI [(2013) 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facie materials, he emphasized two points namely health condition of the petitioner and his availability for the purpose of trial. 8. The Hon'ble Supreme Court in the case of Sanjay Chandra (supra), considered the health condition as one of the reasons for granting bail. This court in the case of Syed Abdul Ala (supra) has clearly held as below : - 10. On careful reading of the decisions of the Supreme Court in Kishan Lal's case, supra, I find that there is no ratio laid down to the effect declaring that Section 37 of the NDPS Act, operates as a total blanket ban on the powers of High Court under Section 439 of the Cr. P.C. In the present case, the accused is seeking bail on medical grounds and the Court is considering the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned counsel for the petitioner, the latter came to India voluntarily from abroad, surrendered before the police and cooperated with them by sharing his passwords and other data required for investigation. Sri Madhukar Deshpande did not dispute these aspects while arguing. Now, the only question that remains is, whether there is any chance of his fleeing away from India and thereby hampering the trial. The answer should be definitely not because the petitioner has surrendered his passport. Investigation is over, it is not the case of the prosecution that petitioner is required for further investigation. Sri Madhukar Deshpande argued that accused No.9 is to be arrested and if the petitioner comes out of jail he may deviate the proceeds of cri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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