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TMI Blog2024 (9) TMI 1177X X X X Extracts X X X X X X X X Extracts X X X X ..... he is a Well-established businessman based in New Delhi renowned for his pioneering work in Airport Retail and Food & Beverages (F&B) with an Engineering degree from Delhi College of Engineering and MBA from IIM Bangalore. The Applicant has been conducting business operation since 2009 and owns various acclaimed restaurants across prominent airports in Delhi, Mumbai, Kolkata and Chennai wherein he employs 500 people demonstrating his prominence in the industry and has held significant positions in various organisations such as Infosys, J&J, GM, Reliance Retail, Merril Lynch, and Halliburton. Further it is submitted that the Applicant is a law-abiding and peaceful citizen with deep roots in society. It is submitted that he is the only earning member of his family and has a permanent address in Gurgaon where he resides with his wife and four minor children. 3. The brief facts of the case are that the GNCTD released the Delhi Excise Policy for the Year 2021-2022 (hereinafter referred to as the "Excise Policy") on 05.07.2021. After the fulfilment of all the procedures of tenders and allotment, the Excise Policy was implemented on 17.11.2021 by the GNCTD. 4. A complaint addressed to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he was referred to DDU Hospital and GB Pant Hospital from the Jail. It was only on due to the Applicant's health condition not improving that an Application dated 09.05.2023 was moved before the Ld. Trial court seeking Interim Bail on Medical Grounds which was granted vide Order dated 27.05.2023 with the liberty to get himself examined by doctor of his choice and it was also observed by Ld. Trial Court that receiving proper and best treatment is a fundamental right guaranteed by Article 21 of the Constitution of India. Subsequently, the Ld. Trial court clarified vide Order dated 30.05.2023 that the petitioner could avail treatment from any doctor or private hospital in Delhi/NCR. 10. The Applicant has submitted that he was admitted at Medhabour Hospital, Gurugram Haryana, since 30.05.2023 as he is suffering from several life threatening diseases such as Morbid Obesity, Complicated Diabetes, Metabolic Syndrome, Diabetic Peripheral Neuropathy, Fatty Liver Grade III with chronic liver disease, PIVD (Prolapsed Intervertebral Disc) and Coronary Heart Disease that cannot be effectively treated while he is in custody. 11. It is submitted that as per several medical experts at AIIMS, Max ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. Enforcement Directorate SLP (Crl.) No. 6561/2023 and Vijay Aggarwal v. Directorate of Enforcement Bail Appln. 1762/2022 dated 13.12.2022. 15. The Applicant further submits that the proviso flows from the Statement of Objects and Reasons of PMLA, 2002. 16. The Applicant is diagnosed with orthopaedic complications in the knee, spine (PVID) and back which has impacted his daily movements and rendered him infirm and incapable of performing basic duties. Reliance is placed on Sameer Mahandru (supra)where the Hon'ble Court while relying on Kewal Krishna Kumar (supra) held that infirmity takes place if the person is incapacitated in performing ordinary routine activity on a day to day basis. It is asserted that the Applicant squarely falls under this category. Further reliance is placed on Vijay Aggarwal (supra) wherein this Hon'ble Court held that a 'sick' and 'infirm' accused is entitled to adequate and effective medical treatment as Article 21 of the Constitution guarantees not only the fundamental Right to live a healthy life but also the Right to live with dignity. 17. The Applicant submits that he is morbidly obese and suffering from multiple serious ailments which requires c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmits that when a person is found to be stable he should not be enlarged on medical bail. In pursuance of this proposition the reliance is placed on Asha Ram v. State of Rajasthan SLP (Crl.) 6202/2016 Order dated 30.01.2017; Surjeet v. State (Govt. of NCT of Delhi) 2021 SCC OnLine Del 228; Karim Morani v. Central Bureau of Investigation 2011 SCC OnLine Del 2967; Rajkishor Sunnidhi Dash v. State of Maharashtra 2020 SCC OnLineBom 11261; Akhtar Parvez v. State of West Bengal 2022 SCC OnLine Cal 471; and Nasir Abdul Kadar Keval v. State of Maharashtra 2018 SCC OnLine 1562. 24. The Respondent/ED further submits that it is well settled by the Supreme Court of Indian in State v. Jaspal Singh Gill (1984) 3 SCC 555 that if medical treatment can be provided by prison authorities, bail on medical grounds should not be granted. Further, reliance is placed on State of U.P. v. Gayatri Prasad Prajapati2020 SCC OnLine 843. It also submitted that various Courts across the country have held that ground of sickness for seeking bail is exception and should be exercised in a sparing and cautious manner and unless it is demonstrated that if the accused is released then no proper treatment is possible. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iming that the same has been changed/destroyed. 29. It is submitted that there exists a reasonable apprehension of crucial evidence being destroyed if the Applicant is enlarged on bail. He is involved in the commission of grave economic offences and there is ample evidence on record to link him with the commission of offence of money laundering and his release on bail is not warranted. Even otherwise, the likelihood of the Applicant of evading the process of law if enlarged on bail cannot be ruled out. While personal liberty is of paramount importance, the same is not absolute but subject to reasonable restrictions, including the interest of the State and public. Reliance has been placed on behalf of the respondent on the decisions in Vijay Madanlal Choudhary & Ors. vs. Union of India & Ors., 2022 SCC OnLine SC 929, State of Kerala vs. Rajesh, (2020) 12 SCC 122 and Rohit Tandon vs. Directorate of Enforcement, (2018) 11 SCC 46. 30. Learned Senior Advocate on behalf of the Applicant has argued in detail and has also filed brief Written Submissions wherein it is submitted that Investigation qua him stands complete vide Prosecution Complaint filed on 06.01.2023. He has not been arres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment Directorate, 2023 SCC OnLine SC 1586, ED vs. Aditya Tripathi, decided vide Criminal Appeal No. 1401/2023 by the Apex Court on 12.05.2023, P. Rajendran vs. Directorate of Enforcement, decided vide Criminal Original Petition No. 19880/2023 by the Madras High Court on 14.09.2022, J. Sekar vs. Union of India &Ors., 2018 SCC OnLine Del 6253, Radha Mohan Lakhotia vs. Directorate of Enforcement, 2010 SCC OnLine Bom 1116 and Dr. Manik Bhattacharaya vs. Ramesh Malik &Ors., decided vide SLP (C) 16325/2022. 39. In the end, it is argued that the delay cannot be the sole ground to grant bail even after the Court is of the view that the person is guilty of the offence of money laundering. 40. The Ld. Special Counsel contends that Bail pleas on the ground of delay have been rejected by the Hon'ble Supreme Court in Satyender Kumar Jain (supra) and Tarun Kumar v. Directorate of Enforcement SLP (Crl.) 9431/2023. Additionally, it is contended that in Serious economic offences delay cannot be the only ground to grant bail, reliance is placed on judgement of the Apex court in State of Bihar & Anr. v. Amit Kumar (2017) 13 SCC 751 and judgement of Coordinate Bench of this Hon'ble Court in Religare ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aimed restaurants across prominent airports in Delhi, Mumbai, Kolkata and Chennai demonstrating his prominence in the industry. The Applicant has held significant positions in various organisations such as Infosys, J&J, GM, Reliance Retail, Merril Lynch, and Halliburton. The Applicant has been conducting business operation since 2009 and employs 500 people. The Applicant has deep roots in the society and is not a flight risk and has business and professions which are based in India and he is not likely to abscond from the country. 50. It is admitted that the Applicant has been behind bars since 29.11.2022, there are around 69,000 pages of documents involved in both CBI and ED matters. Moreover, there are 493 witnesses, who have to be examined on behalf of the prosecution. In the same case, the other accused persons, namely, Manish Sisodia, K.Kavitha, Vijay Nair, Sameer Mahendru, Abishek Boinpally have already been admitted to bail in similar circumstances. 51. In the case of Manish Sisodia v. Directorate of Enforcement 2024 INSC 595 the Hon'ble Supreme Court observed that prolonged incarceration before being pronounced guilty of an offence should not be permitted to become punish ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies of the like amount; to the satisfaction of the learned Special Judge/Trial Court. b. The Applicant shall appear before the Court as and when the matter is taken up for hearing. c. The Applicant shall provide mobile number to the IO concerned which shall be kept in working condition at all times and he shall not change the mobile number, without prior intimate to the Investigating Officer concerned. d. The Applicant shall not change his residential address and in case of change of the residential address, the same shall be intimated to this Court, by way of affidavit. e. The Applicant shall surrender his passport with the learned Special Court; f. The Applicant shall report to the Investigating Officer on every Monday and Thursday between 10:00 to 11:00 AM; g. The Applicant shall not indulge in any criminal activity and shall not communicate with or come in contact with the witnesses. h. The Applicant shall not leave the country, without permission of this Court. i. The Applicant shall not make any attempt to tamper with the evidence or influence the witnesses; 58. Any observation made herein is without prejudice to the trial. 59. The petition along with pendin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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