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2021 (6) TMI 217

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....015 for the offence punishable under Sections 3 and 4 of Prevention of Money Laundering Act, 2002. 2. On 03.01.2020, first bail application of the applicant was dismissed on merit. 3. The prosecution case, in brief, is that initially an FIR bearing No.05/2015 was registered by the Economic Offences Wing - Anti Corruption Bureau against the applicant for alleged commission of offence punishable under Sections 13(1)(e) and 13(2) of Prevention of Corruption Act, 1988 and Sections 109, 120-B, 420, 467, 468 and 471 of the Indian Penal Code and the EOW-ACB charge-sheeted the applicant on 15.06.2015. Since these offences were scheduled offences, the Directorate of Enforcement registered a case under the Prevention of Money-Laundering Act, 2002 (....

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....to 71% during his detention. The applicant has been examined in various hospitals of Bilaspur as well as Delhi viz AIIMS Delhi, Gangaram Hospital, Deendayal Upadhyay Institute for disables, New Delhi, by orders of Hon'ble Supreme Court and has been found to be suffering from "Anterior poliomyelitis with residual atrophy" and weakness in left upper limb and right lower limb also ailments like cervical and lumber disc prolapsed with right upper limb radiculopathy and left lower limb radiculopathy with limb girdle dystrophy. Learned counsel also submits that in view of prevalence of COVID-19 pandemic, certain directions have been issued regarding the convicts undergoing imprisonment and the under trial who are facing trials punishable with....

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....39;ble Court by co-accused persons and further in view of the fact that the ACB case will also take a long time for disposal as there are more than 300 witnesses out of which only 32 have been examined so far. Therefore, the applicant deserves to be released on bail. Lastly, he submits that after rejection of first bail application vide order dated 03.01.2020, the applicant has moved this second bail application mainly on the ground of long detention and that the trial is not likely to be concluded early because of criminal revision which is pending before co-ordinate Bench. The applicant's condition is deteriorating day-by-day and the kind of treatment, he is in need of, is not available in the jail hospital. The applicant is not like....

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.... decisions of Supreme Court in the matter of State of Gujarat Vs. Mohanlal Jitamalji Porwal and another reported in AIR 1987 SC 1321 and Nikesh Tarachand Shah Vs. Union of India and another reported in (2018) 11 SCC 46. 6. I have heard learned counsel for the parties and perused the material on record. 7. The Supreme Court in the matter of Rohit Tandon Vs. The Enforcement Directorate reported in 2018 (11) SCC 46 : AIR 2017 SC 5309) has held in para 18, which reads thus:- "18. The consistent view taken by this Court is that economic offences having deep rooted conspiracies and involving huge loss of public funds need to be viewed seriously and considered as grave offences affecting the economy of the country as a whole and thereby posing....