TaxTMI 
TaxTMI 
2020 (6) TMI 64
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.... affairs of Religare Finvest Limited (hereinafter referred as RFL) a subsidiary of REL, a public company listed on stock exchanges and licensed by the Reserve Bank of India to undertake the business of financial services as a non-deposit taking/ lending Non-Banking Financial Company (NBFC) which operated as a small and medium enterprise (SME) financing focussed NBFC and was in the business of extending SME working capital loans, secure SME business expansion loans, short term trade finance and other loans to various entities with it being submitted that the RFL is classified as a systematically important NBFC by the RBI. 3. The petitioner herein along with Mr. Shivinder Mohan Singh allegedly in conspiracy with Mr. Sunil Godhwani, Executive Director of RFL is alleged to have forged documents to secure high value purported loans to shell companies and related known entities of the petitioner and of Mr. Shivinder Mohan Singh and such loans were given by RFL on the sole and express basis that these entities were known to the petitioner and Mr. Shivinder Mohan Singh and thus pursuant to instructions received from the petitioner and Mr. Shivinder Mohan Singh or Mr. Sunil Godhwani, an ....
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....d in acquisition and utilization of proceeds of crime generated out of the criminal activity and its projection as untainted property and has thus committed an offence of money laundering in terms of Section 3 of the PMLA Act, 2002. 7. Without adverting to the merits or demerits of the allegations that have been levelled against the petitioner herein, it is essential to observe that it was submitted on behalf of the petitioner that in view of the verdict of the Hon'ble Supreme Court in Suo Moto Writ Petition (C) No.1/2020 in Re: Contagion of Covid-19 Virus in Prisons, the Hon'ble Supreme Court has observed that the issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Coronavirus (COVID-19) and that it had become imperative to ensure that the spread of Corona Virus within the prisons was controlled having regard to the provisions of Section 21 of the Constitution of India. It was thus submitted that the Hon'ble Supreme Court vide the said verdict dated 23.03.2020 thus directed to the effect: "We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of t....
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....r submitted that the guidelines made by the Hon'ble High Powered Committee of this Court on 28.03.2020 vide which it has been stipulated to the effect: "ITEM NO.3:- DETERMINING FRESH CATEGORY OF UNDER TRIAL PRISONERS WHO CAN BE RELEASED ON INTERIM BAIL':- Kanwal Jeet Arora, Member Secretary informed the Committee, that immediately on receipt of letter from Govt. of NCT of Delhi regarding formation of present Committee, he on being directed by Hon'ble Chairperson had requested D.G.(Prisons) through the letter dated 26.03.2020 to furnish requisite information for the impact analysis on the proposed relaxed criterion of under trial prisoners. The same is accordingly submitted. The Members of the Committee discussed and deliberated upon the proposed category of prisoners, who may now be considered for grant of interim bail for 45 days in view of the circumstances in which we are in preferably on 'Personal Bond':- (i) Under trial prisoners (UTPs) who are facing trial in a case which prescribes a maximum sentence of 7 years or less; or (ii) Even If, the UTP has more than one case and in all other cases, he is "on bail", except the one....
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....2020 in as much as the case of the petitioner specifically falls within the domain of alleged commission of economic offences and thus he is not entitled to be released on parole/ interim bail despite the prevailing pandemic. It was further submitted on behalf of the State placing reliance on the status report dated 15.05.2020 submitted by the Superintendent Jail, Central Jail No.8/9, Tihar Jail, Delhi to the effect that the petitioner herein is lodged in the Tihar Jail in the cases i.e. 1. ECIR/05/DLZO-II/2019, FIR No. 50/19, US- 409/420/120B IPC PS- EOW/SEC-VI, New Delhi, NDOH- 20.05.2020. 2. ECIR/DLZOII/05/2019, CC No.01/20, Titled as Directorate of Enforcement Vs Malvinder Mohan Singh etc, NDOH- 20.05.2020. 3. FIR No. 189/19, US- 409/420/120B IPC, PS- EOW, NDOH-20.05.2020." and that the said status report indicates that at present the general condition of the petitioner is stable and all prescribed medications are being provided to him from the Jail Dispensary itself. The details of the said medical status report dated 15.05.2020 are to the effect: "Sub: Medical status report of inmate Malvinder Mohan Singh S/o Dr. Parvinder Singh. With....
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....ry incontinence he was examined and advised blood investigations and medications accordingly. Blood investigations were done on 21.04.2020 which reveals TSH-6.94 iu/ml. On 27.04.2020, 11.05.2020 inmate patient was reviewed by Jail Visiting SR ENT for his complaint of Vertigo and nasal blockage, he has been examined and advised medications accordingly. On 11.05.2020 inmate patient was reviewed by jail visiting SR Medicine for his complaint of rash with irritation in groin region with excessive sweating and alleged history of arthroscopy left knee, he was examined and advised medications accordingly. On 14.05.2020 inmate patient was reviewed by jail visiting SR Medicine as a case of Dm-II with hypothyroidism with fissure in ano, he was examined, on examination RBS-115mg/dl, BP-114/70mm/hg and advised ECG and medications accordingly and also advised to review SR Surgery. At present, the general condition of inmate is stable. All prescribed medications are being provided to him from Jail Dispensary itself. This is for your kind information and onwards submission of the Hon'ble High Court." 12. It was further submitted on behalf of the Sta....
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.... minutes of meeting dated 18.04.2020 i.e. after the meeting dated 28.03.2020, the Hon'ble High Powered Committee of this Court has reiterated to the effect: "It has further been resolved that following category of UTPs, even if falling in the above criterion, should not be considered :- (i) Those inmates who are undergoing trial for intermediary/ large quantity recovery under NDPS Act ; (ii) Those under trial prisoners who are facing trial under Section 4 & 6 of POCSO Act; (iii) Those under trial prisoners who are facing trial for offences under section 376, 376A, 376B, 376C, 376D and 376E and Acid Attack; (iv) Those UTPs who are foreign nationals ; (v) Those under trial prisoners who are facing trial under Prevention of Corruption Act (PC Act) / PMLA, MCOCA; and (vi) Cases investigated by CBI/ED/NIA/Special Cell of Delhi Police, Crime Branch, SFIO, Terror related Cases, cases under Anti-National Activities and Unlawful Activities (Prevention) Act etc." 16. It is essential to observe that during the course the hearing of the present proceedings, it was suo moto by this Court brought to the notice of both the....