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        Money Laundering

        2020 (10) TMI 1225 - HC - Money Laundering

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        Accused granted interim bail for medical treatment, must surrender post-discharge. Compliance directives issued. The court granted the accused interim bail for six weeks or until recovery, based on the deteriorating medical condition supported by a medical report ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                          Accused granted interim bail for medical treatment, must surrender post-discharge. Compliance directives issued.

                          The court granted the accused interim bail for six weeks or until recovery, based on the deteriorating medical condition supported by a medical report necessitating specialized treatment not available in jail. The accused was directed to seek treatment at AIIMS, New Delhi, and surrender post-discharge, with the investigating officer allowed access during treatment to prevent witness or evidence tampering. The judgment emphasized non-precedent setting due to unique circumstances, with the case not tied to the current bench. Compliance directives were issued to the Central Jail Superintendent and AIIMS Director.




                          Issues:
                          1. Interim bail application based on medical condition.
                          2. Opposing party's objection to interim bail.
                          3. Consideration of medical report for granting interim relief.
                          4. Conditions imposed for interim bail.
                          5. Directions for medical treatment during interim bail.
                          6. Access to accused by investigating officer during treatment.
                          7. Prohibition on influencing witnesses and tampering with evidence.
                          8. Non-precedent setting of the order.
                          9. Case not tied to the current bench.
                          10. Procedure after discharge from medical treatment.

                          The judgment revolves around an application for interim bail due to the deteriorating medical condition of the accused-applicant. The counsel for the applicant highlighted the precarious health status of the accused, supported by a medical report indicating the need for specialized treatment not available in jail. The Delhi High Court's previous order granting interim bail based on medical grounds was also cited. On the contrary, the counsel for the Enforcement Directorate vehemently opposed the interim bail, emphasizing the accused's involvement in a significant financial scam and the potential influence on the ongoing investigation. The court considered both arguments and the medical report, concluding that the accused required surgical treatment, justifying the grant of interim bail for medical reasons.

                          The court granted the accused interim bail for six weeks or until recovery, upon furnishing a personal bond and sureties. The accused was directed to seek treatment at AIIMS, New Delhi, and surrender immediately after discharge. The court instructed the AIIMS Director to form a medical team for the accused's treatment, with the accused bearing the treatment costs. The investigating officer was granted access to the accused during treatment if necessary, with strict instructions against witness tampering or evidence tampering. The accused was warned to cooperate with the Enforcement Directorate and surrender promptly after discharge to avoid arrest.

                          The judgment clarified that it should not be considered a precedent for future cases, based on the unique circumstances and medical reports presented. It was also specified that the case was not tied to the current bench. After discharge from AIIMS, either party's counsel could request a final disposal of the matter. The court ordered copies of the judgment to be sent to the Central Jail Superintendent and AIIMS Director for compliance with the directives outlined in the order.
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                          ActsIncome Tax
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