2024 (6) TMI 1547 - HC - Money Laundering

Bail on medical grounds and effect of quashed ECIR: HC grants regular bail subject to bond and conditions

High Court granted regular bail under Section 439 CrPC on medical grounds after noting detailed medical reports showing need for constant supervision; the ... Bail u/s 439 CrPC - Grant of bail on medical grounds - Effect of quashing of prior ECIR on subsequent prosecution - Single investigation rule / no fresh investigation on same transaction - Absence of seizure or incriminating material as a factor in bail - HELD THAT:- On perusal of the detailed medical report of the applicant, it seems that the applicant is suffering from various medical issues and needs constant medical supervision and treatement and this Court is of the view that proper and effective medical treatment is a right of every individual. The allegations made by the prosecution are yet to be tested during the course of trial. It also appears that some of the co-accused persons in the present case are protected by the High Court by ordering that no coercive steps shall be taken against them. It is also pertinent to mention here that there is no seizure of a single piece of duplicate hologram. Therefore, in view of the above facts and circumstances of the case, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant’s furnishing a personal bond in the sum with two sureties for the like sum to the satisfaction of the concerned Court, he shall be released on bail subject to the conditions. Issues: Whether the applicant is entitled to grant of regular bail under Section 439 Cr.P.C. in FIR registered for alleged offences under the IPC and Prevention of Corruption Act, having regard to the quashing of earlier predicate proceedings and the applicant's serious medical conditions.Analysis: The question involves assessment of (i) the strength of the prosecution case at the bail stage, including existence of material such as seizure or holograms, and the effect of earlier quashing of predicate proceedings; and (ii) the applicant's documented medical conditions and need for ongoing specialized treatment. The record shows that the earlier ECIR/predicate proceedings were quashed, the present FIR arises from communications based on those earlier proceedings, and there is no seizure of duplicate holograms or other incriminating material on the applicant's person or premises. Medical reports filed show multiple ongoing ailments requiring supervision and treatment. Balancing the nature of the allegations against the absence of recovered incriminating material, the prior quashing of related proceedings, protections granted to some co-accused, and the applicant's documented health needs, the court finds that continued detention is not justified and that conditions can be imposed to secure presence at trial and prevent tampering with evidence.Conclusion: The application for regular bail is allowed. The applicant shall be released on furnishing personal bond and sureties and subject to conditions including availability for interrogation, non-interference with witnesses, furnishing and updating address, and surrender of passport; leave to seek medical treatment is implicitly recognised by grant of bail on medical grounds.Ratio Decidendi: Where predicate proceedings have been quashed and there is absence of recovered incriminating material, documented serious medical conditions of the accused constitute sufficient grounds for grant of regular bail subject to appropriate conditions to secure trial attendance and prevent tampering with evidence.