MADHU SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Ms. Neha Mehta, learned counsel appearing for the petitioner and Mr. Prashant Pallav, learned counsel appearing for the CBI.

(2.) This petition has been filed for modification of the order dtd. 13/5/2014 passed in B.A. No.3581 of 2014 by the Coordinate Bench of this Court only to the extent of the conditions that have been imposed upon the petitioner in light of the order dtd. 13/12/2010 passed in B.A. No.9220 of 2010.

(3.) Learned counsel appearing for the petitioner submits that the petitioner is the wife of ex M.L.A. and Minister of Jharkhand, namely, Kamlesh Kumar Singh and there is allegation against the husband of the petitioner of acquiring illegal wealth by abusing his position for which Vigilance P.S. Case No.09/2009 has been instituted on 2/7/2009 for the offence under Ss. 409, 420, 423, 434, 465 and 120-B of the Indian Penal Code and Ss. 7, 10, 11 and 13 of the Prevention of Corruption Act. She further submits that the Enforcement Directorate also registered a case being ECIR/02/Pat/09/ AD(B) on 14/2/2011 for the offence under Sec. 3/4 of Prevention of Money Laundering Act. She next submits that the husband of the petitioner, who was prime accused in both the cases, filed B.A. No.9220 of 2010 before this Court and while considering the said bail application of the husband of the petitioner, the Court has been pleased to grant him bail with few conditions and conditions have been made to the effect that; (a) the applicant shall not directly or indirectly or through others make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority; (b) the applicant shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent then he shall take prior permission of the court and in case of unavoidable circumstances for remaining absent he shall immediately give intimation to the appropriate court (AHD) and also to the Superintendent, CBI and request that he may be permitted to be present through his counsel; (c) the applicant shall not leave the country till the trial is complete. In the event of emergency, only after prior permission of the Court; (d) the applicant shall surrender his passport, if any, (if not already surrendered) and in case he is not a holder of the same he shall swear to an affidavit. If he has already surrendered before the Designated court, that fact should also be supported by an affidavit; and (e) the applicant shall not give for publicity his comments or opinion on the merits of the case pending against him, except when he is required to state it in the court concerned. She also submits the present petitioner, who was also in custody, filed her bail application being B.A. No.3602 of 2014 in connection with ECIR/02/Pat/09/AD(B) as well as B.A. No.3581 of 2014 in connection with R.C. Case No.5(A)/2010-AHD/R. She submits that both the bail applications were taken up on 13/5/2014 and the petitioner has been granted regular bail, however, same conditions have been put therein which have been laid down in B.A. No.9220 of 2010 filed by the husband of the petitioner. She further submits that in light of the bail order, the petitioner is fully cooperating in the trial and she has not violated any terms and conditions, till date. She then submits that out of more than 100 witnesses, only 46 witnesses have been examined till date. She next submits that the petitioner is 58 years old and she is suffering from extremely serious, advanced and life- threatening chronic liver disease. She submits that liver biopsy has been conducted at the Institute of Liver and Biliary Sciences, New Delhi on 25/6/2025 which conclusively establish that the petitioner is suffering from Stage 4B cirrhosis under the Laennec classification, which is an advanced stage of chronic liver disease and medically recognized as the pre-cancer stage. She further submits that biopsy further reflects extensive structural distortion of the liver, portal fibrosis, lymphoplasmacytic inflammation, copper-associated protein deposition and autoimmune-related pathological changes indicating an overlap syndrome involving autoimmune hepatitis and primary biliary cholangitis. She refers to the said report dtd. 25/6/2025, contained in Annexure-SA-1 of the supplementary affidavit, filed on behalf of the petitioner. She also submits that various diagnostic investigation reports are contained in Annexure-SA-2 (series) of the supplementary affidavit. She next submits the relatives of the petitioner are there in United States of America (USA) as well as in United Kingdom (UK) and she wants to go either USA or UK for better treatment and in view of that, the petitioner may kindly be allowed to visit the said country. On these grounds, she submits that the passport of the petitioner may kindly be released.