9911796707
TMI Blog2021 (4) TMI 1303X X X X Extracts X X X X X X X X Extracts X X X X ..... ous prejudice to the life and limb of the applicant/accsued No.5 - On this count itself, the provisions of Section 45 sub-section (ii) of PML Act is invoked, which provides that, where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: Provided that a person who is under the age of sixteen years or is a woman or is sick or infirm, may be released on bail, if the special court so direct . Furthermore, fleeing away from justice and/or fleeing away out of country, can be taken care by directing the applicant/accused No.5 to surrender his passport before ED immediately and no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wrongly entangled in this matter, which has been arise out of the predicated/ scheduled offence registered by Mr. Surendra Sampatraj Surana, who was Managing Director of M/s Aurangabad Gymkhana Club Pvt. Ltd Aurangabad Gymkhana Pvt. Ltd against Omkar Developers Pvt. Ltd. On that complaint FIR No.109/2020 for the offence punishable under Section 420,406,34 registered with City Chowk Police Station, Aurangabad. Thereafter, Enforcement Directorate in pursuant to the predicated/schedule offence registered ECIR and moved into action and arrested Babulal Verma and Kamalkishore Gupta, the Managing Director and Chairman of Omkar Group. Further investigation revealed in respect of laundering of the amount by this applicant/accused No.5 through his c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or of ED, filed reply at Exh.12 and strongly opposed the application. They submitted that, involvement of the accused and companies in laundering of the amount is revealed during the investigation and therefore, offence under Section 3 punishable Section 4 of P.M.L. Act has been made out. Thereafter, ED has filed private complaint against the accused and companies, and this Court has taken cognizance of it. During the course of investigation the active role of this applicant/accused No.5 was found in this ECIR, therefore, he was arrested and got inquired. During inquiry factual aspects came on record, due to which further investigation is going on. In such circumstances, ED submitted that, if the applicant/accused No.5 is released on bail h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent application moved by the applicant on the medical ground itself as enumerated in Section 45 of PMLA. The learned counsel for the applicant/accused No.5 has submitted that deteriorated condition of the applicant/accused No.5 in jail cannot be taken care properly and may endanger his life due to pain and sufferings is being tremendous. That he is suffering from such conditions, as mentioned by the Medical Officer and even ordered CT scan to be done on 07.04.2021; itself sufficient to hold that Hematuria and burning sensation while passing urine, which needs proper care and treatment and medication. No doubt medical facility is available and provided in Jail and Government run hospital is not enough and special treatment in private hospita ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that, applicant/accused No.5 has received proper treatment. But the burning sensation while passing urine is persist. Therefore, he was referred to J.J. Hospital for CT scan, which is to be fixed on 7.4.2021 to ascertain the exact diagnosis. The applicant is currently taking medicines for Asthama, anxiety, APD and Hematuria. It is also taken into consideration that, again cases of COVID-19 is surge and situation is looking grim. In such situation, even if the applicant/accused No.5 would send to the any hospital for tests or otherwise, it would be harm to his life due to contagious disease like COVID-19. Therefore, special care and medication to the applicant/accused No.5 is need of an hour, else it will came serious prejudice to the life ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not arise, as respondent/ED has tendered private complaint before this Court and accordingly, this Court has taken cognizance of it. Definitely further investigation of respondent/ED is going on, but if the applicant/accused No.5 is directed to co-operate the ED officials during the course of further investigation as and when required, it will suffice the purpose. In view of above discussion, report submitted by Jail Medical Officer and argument advanced by the parties, I am of the opinion that applicant/accused No.5 can be released on bail only on medical grounds, without going into merits of the matter, by imposing following conditions as to avoid further unwarranted results for proper medical care and treatment of the applicant/accused ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
