TaxTMI 
TaxTMI 
2021 (11) TMI 1110
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....adings have been exchanged between the parties and the matter is ripe for final submissions on merit. Pursuant to my earlier order dated 08.11.2021, relying upon the submission advanced by learned Senior Cousnel that the applicant is suffering from Malignancy. This Court, on the earlier occasion, requested the doctor concerned of Kamla Nehru Hospital, Prayagraj to hold a scanning of the applicant and give a report regarding the health condition and the stage of cancer fixing today. The report from the office of Senior Superintendent of Jail, Central Jail, Naini Prayagraj dated 11.11.2021 annexing the report from Kamla Nehru Memorial Hospital is taken on record. This is the bail application on behalf of Kamal Ahsan(applicant) who is faci....
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.... the bail application of the applicant, annexure no.6 to the application and eventually enlarged on bail on 13.08.2018. After his release, the present enforcement case information report was lodged on 11.09.2017 by one Sri Ram Chandra, Assistant Director, PMLA mentioning therein that Section 120B, 418, 420, 421, 467, 471 IPC invoked in FIR are scheduled offences under the prevention of Money Laundering Act, 2002 and on the basis of aforesaid information and documents, prima facie, case of money laundering act under section 3 of the Act, 2002 punishable under section 4 of the Act, seems to be made out. Learned counsel for the applicant has drawn the attention of the Court to Annexure-10, the ground of arrest vide order dated 09.11.2020 rec....
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.... less than one crores rupees", may be released on bail if the special Court so directs". Learned counsel for the applicant submits that the applicant though is aged about 36 years but he is suffering from number of serious and deadly ailments. He is suffering from Diabetes Mellitus x 7 years & Fistula X 3 months with oral cancer Operation in January 2019. On this factual parameters, learned counsel for the applicant has cited certain judgments to buttress his contention in the case of D.K. Shivkumar Vs. Directorate of Enforcement decided on 23.10.2019. In this case, the applicant was charged that on account of scrutiny of transactions recorded and incriminating documents revealed that illicit and unaccounted cash of at least 143 crores we....
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.... deserves to be bailed out. Per contra, Sri Bal Mukund, learned counsel for the E.D. vehemently opposed the bail by making a mention that the applicant is hail and hearty and his good care is being taken by the jail authorities and assures the Court that as and when his treatment for specialised agency is warranted, it will take due care of. Besides this, it was also urged by counsel for the Department that out of astronomical figure of 22.39 crores, only 6 crores have been recovered so far and the Department is trying hard to recover the same. Sri Bal Mukund also raised apprehension that he is the main culprit of this big scam who have syphoned the amount of the institution and if released on bail, it is every likelihood that he would flee....