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TMI Blog2021 (5) TMI 1014X X X X Extracts X X X X X X X X Extracts X X X X ..... een kept in abeyance - temporary bail for a period of two months can be granted to respondent No.1 - bail application allowed in part. - Criminal Application No. 127 of 2021 - - - Dated:- 5-5-2021 - Prakash D. Naik, J. Mr. Hiten Shyamrao Venegaokar, Special P. P. for the Applicant. Ms. Anamika Malhotra, APP for the Respondent State. Mr. Aabad Ponda, Sr. Adv. a/w. Mr. Sujay Kantawalla a/w. Mr. Subhash Jadhav a/w. Mr. Omprakash Parihar a/w. Mrs. Neha Prashant a/w. Mr. Amit Patil i/b. Parinam Law Associates for the respondent No. 1. ORDER PER COURT : 1. This application is preferred by Directorate of Enforcement challenging Order dated 3rd April, 2021 passed by Special Judge, PMLA Act granting bail to respondent No. 1 on medical ground. 2. The grievance of the applicants is that the learned Special Judge ought not to have granted bail to the respondent No.1 on medical grounds. The application was primarily on merits with some averments, with regards to health condition of the respondent No.1. Learned Special Judge however proceeded to grant permanent bail, pending trial on medical ground. 3. The applicant is investigating authority under PMLA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r granting bail. The impugned order reflects, the events that had not occurred in the Court. Learned counsel for respondent No.1 had contended that, there is no perversity in the order. The trial Court had called for medical report. On the basis of report, bail was granted to respondent No.1. The prosecutor present in the court was heard. Proviso to Section 45 provides powers to the court for grant of bail to the accused on medical ground. Learned counsel for the applicant in the alternative submitted that, respondent No.1 may be directed to be examined by medical board constituted by Dean J. J. Hospital, Mumbai consisting of Neurologist, Endocrinologist and general physician and if necessary he can be admitted in government hospital. 6. Vide Order dated 9th April 2021, this Court had directed that respondent No. 1 be examined by medical Board consisting of neurologist, endocrinologist and general physician and report thereof be submitted to this Court on 19th April, 2021. This Court directed the Dean of J. J. Hospital to constitute medical board consisting of neurologist, endocrinologist and general physician and examined respondent No. 1. It was also directed that, if necessar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 19 requisite steps would be taken by the Jail authority by shifting the applicant to St. George Hospital which is having ICU facility for treatment. The said submission was opposed by the learned counsel for the respondent No.1 and it was contended that the order of bail, granted by the special court, cannot be kept in abeyance for indefinite period. The directions of conducting endocrinology and CT scan were not complied. The respondent No. 1 is required to be treated in a private hospital. Certificate issued by Lilavati Hospital dated 24th April, 2021 was submitted in which it was indicated that, it is advisable to hospitalise respondent No.1 for treatment. This court observed that the directions in previous orders be complied before the next date of hearing and the requisite treatment for covid-19 be provided to respondent No.1. The application was adjourned to 5th May, 2021. 7. The photocopy of the report forwarded by the Superintendent of Jail, is tendered by the learned counsel for the applicant. The copy of same report received by Registry of this Court is placed on record. 8. Report mentions that the respondent No.1 is being treated at St. George s Hospital for covid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld be taken. The respondent No.1 is not entitled for bail on medical ground. 10. Mr. Ponda Submitted that the condition of the respondent No.1 is serious. The report submitted by St. George s Hospital itself depicts alarming situation. He is choking. Learned counsel for the applicant has misread the report. The report refers to creatinine 1.2 which shows that Kidneys are affected. The report also refers to CRP 35.2 and ferrtine 258 mg/ which relates to blood sugar. The health condition of the respondent No.1 has deteriorated. Report further mentions about HRCT (Thorax) Covid 19 pneumonitis, severity. The report of CT-KUB (115/21) refers to small fat containing paraumbilical hernia. Patchy fibrotic inflitates with ill-defined ground glass opacities noted in bilateral long fields (corads-6). The report also mention that respondent no. 1 is on injectible antibiotics, antiviral indications and low dose steroids. 11. Mr. Ponda further submitted that the respondent No.1 is required to be treated in private hospital. The order granting bail passed by the Special Court is kept in abeyance since last one month. The application is kept today for final disposal. It is submitted that c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -19. The above report of J. J. Hospital (General Medicine) mentions that patient is presented with anxiety episodes, abdominal pain, loose stools and rectal bleeding. History referred as bronchial asthma. The report os Neurology department states no active neurological intervention required. The latest report of St. George s Hospital refers to investigation as referred to above. In the light of factual analysis as stated above, the applicant can be granted temporary bail to undergo tests and instant treatment if required. The Special Court, however granted permanent bail on medical grounds. On the basis of material on record, no case for granting permanent bail was made out. 14. This application is pending before this Court from 7th April, 2021. The order granting bail to the respondent No. 1 has been kept in abeyance. For the reasons stated above temporary bail for a period of two months can be granted to respondent No.1. The order dated 3rd April, 2021 passed by the Sessions court, granting bail on medical ground, is modified as follows; ORDER i) The respondent No.1 is directed to be released on bail in connection with ECIR/MBZO-II/20/2020 registered with Enforcement Dir ..... X X X X Extracts X X X X X X X X Extracts X X X X
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