TaxTMI 
TaxTMI 
TaxTMI 
2021 (4) TMI 1303
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.... registered by the respondent/ED. 2. It is submitted on the part of the learned senior counsel Mr. Abad Ponda appearing for the applicant/accused No.5 that, applicant is arrested pertaining to ECIR/MBZO-II/20/2020 and after granting sufficient custody with ED, he was sent in judicial custody and since 22.02.2021 he is in jail. He submitted that, applicant/accused was wrongly entangled in this matter, which has been arise out of the predicated/ scheduled offence registered by Mr. Surendra Sampatraj Surana, who was Managing Director of M/s Aurangabad Gymkhana Club Pvt. Ltd Aurangabad Gymkhana Pvt. Ltd against Omkar Developers Pvt. Ltd. On that complaint FIR No.109/2020 for the offence punishable under Section 420,406,34 registered with City ....
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....tion of fleeing away does not arise. Learned Advocate for the applicant/accused No.5 has placed on record series of authorities in support of case and submitted that, accused be released on bail being having not active role in money laundering alleged by the ED. 4. Say of ED/respondent was called. Learned S.P.P Ms. Kavita Patil through Mr. Pillai, Assistant Director of ED, filed reply at Exh.12 and strongly opposed the application. They submitted that, involvement of the accused and companies in laundering of the amount is revealed during the investigation and therefore, offence under Section 3 punishable Section 4 of P.M.L. Act has been made out. Thereafter, ED has filed private complaint against the accused and companies, and this Court ....
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....that, active involvement of the applicant/accused No.5 is seen in this transactions. Being investigation is going on, bail application moved by the applicant/accused No.5 be rejected. 6. Heard learned Senior Counsel Mr. Abad Ponda for the applicant and learned S.P.P Mrs. Kavita Patil for the respondent/ED. Perused the submissions and record. 7. The present application moved by the applicant on the medical ground itself as enumerated in Section 45 of PMLA. The learned counsel for the applicant/accused No.5 has submitted that deteriorated condition of the applicant/accused No.5 in jail cannot be taken care properly and may endanger his life due to pain and sufferings is being tremendous. That he is suffering from such conditions, as mention....
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..... He had appointment for C.T. Scan (KUB) on 07.04.2021. He is currently taking medicines for Asthama, anxiety, APD and Hematuria. Once CT scan done, we will inform Hon'ble Court about outcomes." 9. The above report is clearly spelt out and correspondence the submissions of the learned Advocate for the applicant/accused No.5 and even learned S.P.P that, applicant/accused No.5 has received proper treatment. But the burning sensation while passing urine is persist. Therefore, he was referred to J.J. Hospital for CT scan, which is to be fixed on 7.4.2021 to ascertain the exact diagnosis. The applicant is currently taking medicines for Asthama, anxiety, APD and Hematuria. It is also taken into consideration that, again cases of COVID-19 is surg....
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....ries by the respondent/ED. 12. Furthermore, fleeing away from justice and/or fleeing away out of country, can be taken care by directing the applicant/accused No.5 to surrender his passport before ED immediately and not to leave India without prior permission of the Court. The question of tampering and hampering of prosecution evidence does not arise, as respondent/ED has tendered private complaint before this Court and accordingly, this Court has taken cognizance of it. Definitely further investigation of respondent/ED is going on, but if the applicant/accused No.5 is directed to co-operate the ED officials during the course of further investigation as and when required, it will suffice the purpose. In view of above discussion, report sub....