SAMEER MAHANDRU Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) By way of present application filed under Sec. 439 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') read with Sec. 45 and 65 of Prevention of Money Laundering Act, 2002 ('PMLA'), the applicant/accused seeks grant of regular bail in case number ECIR/HIU-II/14/2022, registered at Police Station Directorate of Enforcement on 22/8/2022 under Ss. 3 and 4 of PMLA, primarily on medical grounds. THE CASE OF APPLICANT

(2.) The case set out by the accused/applicant is that Central Bureau of Investigation ('CBI') had registered an RC on 17/8/2022 at Police Station CBI, ACB, Delhi under Sec. 120B read with Sec. 447A of Indian Penal Code, 1860 and substantive offences thereof read with Sec. 7 of Prevention of Corruption Act, and CBI had conducted raids on several premises in the Delhi and across the country including residential and business premises of the applicant and had made certain seizures. Thereafter, the Directorate of Enforcement had registered the present ECIR on 27/8/2022 and raids were conducted at the office and residence of the applicant on 6/9/2022. The applicant in the present case was arrested on 28/9/2022 by the Directorate of Enforcement. In the case registered by the CBI, chargesheet had been filed against the applicant before the learned Trial Court without arrest in the predicate offence and the cognizance of the same was taken by the learned Trial Court vide order dtd. 15/12/2022. The prosecution complaint in the instant ECIR was filed on 26/11/2022 and the cognizance was taken vide order dtd. 20/12/2022. On 3/1/2023, interim bail was granted to the applicant in the predicate offence registered by CBI but on 16/2/2023, the learned Trial Court had dismissed the bail application filed by the applicant in the present ECIR. However, in the present ECIR, the applicant was granted interim medical bail for a period of 30 days by the learned Trial Court and was granted regular bail on the same day in the predicate offence registered by the CBI. Thereafter, the interim medical bail of the applicant was extended by the Trial Court till 1/5/2023.

(3.) In the meanwhile, the applicant had approached this Court seeking grant of regular bail by way of present bail application and had also sought extension of interim bail which had been granted by the learned Trial Court. It is stated that on 27/4/2023, when the present application was listed for arguments, this Court had directed the applicant to surrender on 1/5/2023, but had directed the jail authorities to ensure that the applicant is taken to the doctor concerned under whose advice he was being treated, and to get the applicant admitted in the hospital and get the required surgery done, if so advised, for his lower back problem. It is stated that thereafter, the applicant was taken to the hospital by concerned jail officials and a surgery was performed on the applicant on 8/5/2023. It is stated that pursuant to the said surgery, the applicant was prescribed bed rest of two months and accordingly, he had filed another application dtd. 11/5/2023 before this Court, on which, this Court had directed that the medical documents of the applicant be verified by the Director of All India Institute of Medical Sciences (AIIMS), New Delhi, and in the meanwhile, the applicant be kept in the concerned hospital till 24/5/2023. Thereafter, on 24/5/2023, this Court had directed that applicant be taken to AIIMS, New Delhi on 26/5/2023 and be presented before the concerned doctors for his medical examination. Further, on 29/5/2023, this Court had directed AIIMS, New Delhi to constitute a Medical Board and get the applicant examined.