TaxTMI 
TaxTMI 
TaxTMI 
2021 (4) TMI 1304
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....d. 2. The applicant is an investigating authority under Prevention of Money Laundering Act, 2002. The respondent no.1 is an accused in PMLA Special Case No.377 of 2021. Respondent no.1 preferred an application for bail before Special Court under PMLA Act. The application was preferred on merits and averments in respect to health condition of respondent no.1 were made in application. Learned Special Judge allowed Bail Application No.183 of 2021 pertaining to ECIR/MBZO-II/20/2020 and directed that respondent no.1 be released on bail on executing PB of Rs. 5 lakh with one or more solvent sureties in the like amount. The order dated 3rd April 2021 also stipulates other conditions. Immediately after the said order was passed, the Directorate of....
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.... has sealed the building in which he resides due to large number of members from his society were reported to be infected by present pandemic of Corona virus. The request was made to take up the matter on 6th April 2021 or any other day as per convenience of the Court. The respondent no.1 had pressed for providing medical treatment to him in view of his health. Respondent no.1 had pressed for shifting him to private hospital for medical treatment. It is submitted that Additional Public Prosecutor appearing in the Court who had submitted before the Court that all necessary medical treatment is being provided to respondent no.1 and if required all the treatment can be provided by taking respondent no.1 to the government hospital which is well....
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....sthama, acid reflux, slip disc and shoulder pain. He has been taking treatment over a period of years and the Doctor has prescribed medicines. Ground-Z in the application relates to situation in Prison on account of Covid-19 pandemic. Hence, the order of learned Special Judge granting bail on medical ground be set aside. In the alternative, it is submitted that respondent no.1 may be directed to be examined by Medical Board to be formed by the Dean, J.J. Hospital, Mumbai consisting of Neurologist, Endocrinologist and General Physician, and the medical board shall examine the health condition of respondent and report be directed to be submitted to this Court. It is also submitted that if necessary, the respondent no.1 can be admitted in Gove....
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....custody. On account of his health condition the applicant is required to be treated and hence he should be released on bail with immediate effect. It is submitted that application for stay preferred by the applicant was rejected. While rejecting the said application it was observed that both the sides were heard on medical ground. However, subsequently another application was preferred for seeking direction to restrain the registry of Court from accepting surety of respondent no.1. Thereafter learned Special Judge has kept the order of bail in abeyance. Mr.Ponda has relied upon several decisions in support of his submission that bail granted once can be cancelled only in exceptional circumstances. The Court cannot make inquiry as to what ha....
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....about his ailment, it was stated that the accused had an appointment for CT Scan on 7th April 2021. He is taking medicine for asthama, anxiety, APD and Hematuria and once CT scan is done, the Court will be informed about its outcome. However, the Court proceeded to grant permanent bail pending trial to respondent no.1. 7. Considering the aforesaid factual aspects, alternative submission of learned counsel for applicant deserves to be accepted. The respondent no.1 can be examined by Medical Board consisting of Neurologist, Endocrinologist and General Physician and report thereof be submitted to this Court on 19th April 2021. Hence, I pass following order : ORDER (i) The Dean, J.J. Hospital, Mumbai is directed to constitute Medical Board c....