V.R. RAJESH Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) This petitioner is accused No.19 and this petition is filed for bail on medical ground contending that the petitioner is in custody from 22/2/2023 and suffering from several ailments. In order to substantiate the said contention, the petitioner relied upon the medical report of the petitioner and brought to the notice of this Court that he was admitted to Jayadeva Hospital and noticed Type II Diabetes Mellitus (HbA1C-13.8%) with B/E moderate NPDR-Non-proliferative diabetic retinopathy, ischemic heart disease. The learned counsel also brought to the notice of this Court the impression and also produced the medical records dtd. 5/7/2023, out-patient records and also produced the document of estimation for surgery, wherein estimation was given for an amount of Rs.2,06,002.00 and the same is dtd. 18/7/2023 and he requires stent to be implanted. The learned counsel submits that similarly placed accused No.17 was enlarged on bail. The learned counsel has produced the document of bank statement for having made the payment of Rs.21.00 Crores and submits that the petitioner is also entitled for bail on merits.

(2.) Per contra, the learned CGSC appearing for the respondent submits that twice the bail petition was rejected by the Sessions Court and no medical grounds are produced before the Trial Court and only before this Court the petitioner has produced the medial records. The learned counsel contend that balance is not only Rs.21.00 Crores and he availed loan of Rs.40.00 Crores is not correct and he availed Rs.20.00 Crores under different names in total Rs.80.00 Crores was availed. If any stent has to be implanted, he may be permitted to take the treatment in a particular hospital under the supervision of the jail officials and after the treatment he has to take treatment in the jail itself for follow up and there is medical facility in the jail itself.

(3.) Having heard the learned counsel for the petitioner and the learned counsel CGSC for the respondent, this petitioner has been arrayed as accused No.19. The specific allegation against this petitioner is that complaint was filed and the Trial Court took the cognizance and Prevention of Money Laundering Act ('PML' Act for short) was invoked and permitted the respondent ED to file the additional complaint. No doubt, this Court in Crl.P.No.2014/2023 vide order dtd. 13/4/2023 granted bail in favour of accused No.17. The learned counsel for the petitioner relies upon the document for having made the payment. The learned counsel for the respondent also brought to the notice of this Court the allegations made against this petitioner that he is one of the 24 major beneficiaries, who has availed Rs.20.00 Crores and current outstanding is Rs.40.40 Crores. Case is filed against this petitioner in respect of Crime No.37/2020 and outstanding balance is Rs.19,64,57,210.00 and he had admitted the statement that he availed loan of approximately Rs.30.00 crores from the very same bank in the names of himself, his wife and his firms. No doubt, he made part payment, but the specific case of the prosecution is that his outstanding balance in one case is Rs.42,91,96,571.00 and availed loan under different names, in the names of his proprietary concerns and money laundering offence under Sec. 3 was also invoked read with Ss. 22, 23, 24 and 70 of the PML Act punishable under Sec. 4 of the PML Act.