TaxTMI 
TaxTMI 
2023 (10) TMI 1094
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....s punishable under Section 3 & 4 of Prevention of Money-Laundering Act, 2002, in C.C.No.9 of 2023, in ECIR No.MDSZO/21/2021, on the file of the respondent/Enforcement Directorate, seeks bail. 3. Mr.N.R.Elango, Learned Senior Counsel appearing for the petitioner submitted that the petitioner confines the prayer for bail on the ground of sickness and not on merits. Relying upon the medical records pertaining to the health condition of the petitioner and the proviso to Section 44(1)(ii) of Prevention of Money-Laundering Act, 2002 ("PMLA") and proviso to Section 437/439 of Cr.P.C., which deals about grant of bail on the ground of sickness, the Learned Senior Counsel for the petitioner herein submitted that the health condition of the petitione....
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....the petitioner and had given a case summary on 09.10.2023. The treatment report and discharge summary indicates as below:- "Senior Consultant Cardio thoracic surgeon TN. Govt. Multi Super-speciality Hospital, Omandurar Dr.S.Manoharan M.S. Mch. Opinion obtained. Vital stable. CABG and graft site scar healthy. Cardiac evaluation - ECG, ECHO and Troponin found to be normal. Adviced - Continue same line of management. HOD and Professor of Cardiology opinion obtained. History as recorded. Vitals stable. Serial ECG taken - SR, q in III, avf. non-specific T wave inversion in V2-V6. No fresh changes. ECHO -no RWMA, Adequate LV function, No pericardial effusion, No LV thrombus. Cardiac enzymes - Troponin I and CPKMB are within ....
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.... requires medical care which is not available in the prison. The proviso to Section 45 (1)(ii) of PMLA, cannot be resorted in all cases of sickness. The exemption to Section 45(1)(ii) of PMLA, under its proviso can be exercised only in case of sickness or infirmity so grave that, it is life threatening and cannot be treated in the prison Hospital or Government Hospital. In the case of this petitioner, a team of eminent Doctors of Government Stanley Hospital has examined him and had not reported any alarming health issue which will endanger his life. 8. The Learned Additional Solicitor General for the respondent further submitted that, the petitioner besides not satisfying the condition for seeking bail on health ground also does not satisf....
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....arashtra reported in 2018 SCC OnLine Bom 1562. 9). Directorate of Enforcement -vs- Raj Singh Gehlot, dated in CRL.M.C.4711/2022. 10). State through Deputy Commissioner of Police, Special Branch, Delhi -vs- Jaspal Singh Gill reported in (1984) 3 SCC 555. 11). State of U.P. -vs- Gayatri Prasad Prajapati reported in 2020 SCC OnLine SC 843. 12). Megala -vs- State rep. by Dy. Director, Madras High Court Order dated 15.06.2023 in HCP.No.1021 of 2023. 13). Mahendra Manilal Shah etc., -vs- Rashmikant Manuskhai Shah & Another reported in 2009 SCC OnLine Bom 2095. 14). Fazal Nawaz Jung and Another -vs- State of Hyderabad reported in 1951 SCC OnLine Hyd 60. 15). Pawan Alias Tamatar -vs- Ram Prakash Pandey and Another reported in (2002) 9....