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 the Prevention of Money Laundering Act, 2002 (PMLA'), the applicant had initially sought extension of an interim bail which was granted to him by the learned Trial Court. Later, since the applicant had surrendered before the jail authorities subsequent to his extension of interim bail application getting dismissed by the learned Trial Court, an application under Sec. 482 of Cr.P.C. i.e. Crl.M.A. No. 5794/2024 was preferred on behalf of applicant seeking amendment of the prayer in the present bail application and for seeking interim bail for a period of one month in ECIR/HIU-II/14/2022 dtd. 22/8/2022 registered by the Directorate of Enforcement under Ss. 3 and 4 of PMLA in Complaint Case No. 31/2022.

(2.) Brief facts, necessary for the adjudication of the present interim bail application, are that the applicant was arrested by the Directorate of Enforcement on 28/9/2022 and he was remanded to judicial custody vide order dtd. 10/10/2022. Since then, the applicant has been in judicial custody, except for the period of his interim bail i.e. from 28/2/2023 to 1/5/2023, from 12/6/2023 to 4/9/2023 and from 5/1/2024 to 17/2/2024. On 20/12/2023, the applicant had filed an interim bail application before the learned Trial Court seeking interim bail for a period of four weeks on the ground of medical condition of his wife who was suffering from "acute calculus cholecystitis" in her gall bladder and had been advised to undergo a "laparoscopic cholecystectomy" i.e. gall bladder removal surgery. Vide order dtd. 5/1/2024, the present applicant was granted interim bail for a period of two weeks. However, since the surgery of the wife could not be performed on 16/1/2024, the interim bail of the applicant was again extended till 22/1/2024 vide order dtd. 18/1/2024 passed by the learned Trial Court. On 22/1/2024, the gall bladder removal surgery was performed on the wife of the applicant and, thus, the interim bail of the applicant was extended till 9/2/2024 by the learned Trial Court. The applicant had then instituted a fresh regular bail application before the learned Trial Court and on 8/2/2024, he had also moved an application seeking interim bail till the disposal of his regular bail application. The interim bail of the applicant was eventually extended till 13/2/2024 and then till 15/2/2024 by the learned Trial Court. On 16/2/2024, the interim bail application preferred by the applicant was dismissed by the learned Trial Court and he was directed to surrender on 17/2/2024 and, therefore, the present bail application was filed before this Court seeking extension of interim bail for a period of one month, and the prayer was later modified to grant of interim bail for a period of one month.

(3.) Learned Senior counsel appearing on behalf of the present accused/applicant argues that the ultrasound report dtd. 7/2/2024 and CT Scan report dtd. 13/2/2024 as well as other medical documents would clearly reveal that the wife of the applicant is absolutely unfit, and post her surgery which was conducted on 22/1/2024, she has been diagnosed with "acute pancreatitis" and has also developed other post surgery complications and the applicant must be allowed to take care of his ailing wife. It is further argued by the learned Senior counsel that while the applicant was on interim bail during this period, his medical condition had also deteriorated and he had got conducted an MRI of his left knee on 30/1/2024 in which it was revealed as follows: "Grade III Tear Posterior Horn of Medial Meniscus with Parameniscal cyst. Grade II Tear MCL. Grade I Changes ACL". It is further argued that the applicant's doctor had advised him to avoid excessive knee bending and further to undergo surgery for his left knee namely "Arthroscopic Medial Meniscal Repair Surgery" which would constitute his 6th surgery/ medical procedure in the span of last one year. It is further submitted that the said surgery of the applicant was scheduled to be conducted on 26/2/2024, but the same could not be performed as the applicant was directed to surrender on 17/2/2024 since his interim bail was not extended by the learned Trial Court. It is also pointed out that in a previous medical report dtd. 4/10/2023, filed before the learned Trial Court by the jail authorities, the medical condition of the applicant qua is left knee was acknowledged. In these circumstances, it is prayed that interim bail be granted to the applicant since his and his wife's medical condition is severely compromised.