TaxTMI 
TaxTMI 
2022 (9) TMI 1521
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....the proceedings before the Ld. Special Court, PMLA with respect to the application seeking extension of interim bail filed by the respondent; and (ii) In the alternative, direct the Ld. Special Court to await the outcome of the decision of this Hon'ble Court in Crl.M.C. 4711/2022 and not proceed with the application dated 22.09.2022 seeking extension of interim bail (iii) Pass any such other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case." 2. The matter has been taken up in the post lunch session as urgency has been expressed in the matter, since the interim bail granted by the learned Trial Court vide order dated 30.08.2022 for a period of six weeks w.e.f. 19.08.2022, is stated to be expiring on 30.09.2022. 3. It may also be appropriate to refer to observations made by this Court vide order dated 17.08.2022 in Crl. M.C. No. 3713/2022, on petition preferred by the Directorate of Enforcement under Section 439 (2) read with Section 482 Cr.PC for setting aside the order dated 24.06.2022 passed by learned Trial Court granting interim bail to the respondent/accused for a period of eight weeks till 18.08.2022:- ....
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....t, on urgent basis. 3.22 The medical ailments of the applicant/ accused are mentioned in para no. 4.7 of the bail application. In para no. 4.7.1 clause (c) of the application it is mentioned that father of the applicant/accused died at the age of 62 years. He was suffering from heart problems. His two elder brothers namely Sh. Mehtab Singh and Sh. Saheb Singh died due to heart attack in the year 2002 & 2022 at the age of 43 years and 70 years respectively. Sh. Aman Gehlot son of the applicant/ accused is also suffering from heart problem. He has been diagnosed with Type-B Aortic Dissection. 3.23 In the reply filed by the complainant / ED there is a general reply to para no. 4.7 of the bail application. The contents of para no. 4.7 of the bail application regarding the health condition of the applicant/ accused are denied. However, there is no specific reply to Para no. 4.7.1 Clause (c) regarding the family history of heart problem of the accused. During the course of arguments also there was no specific denial about the persistence of heart problem in the family of the applicant/ accused. As per medical reports the LVEF of accused is 45%. In the medical report dated 22.08.202....
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....his order be sent to the Jail Superintendent concerned through e-mail and Dak as well. 6. Copy of this order be given dasti to the parties." 5. Learned counsel for the petitioner, in the aforesaid factual background, submits that the respondent has been availing privilege of interim bail vide various orders passed by the learned Trial Court which may be date wise noticed in seriatum: (i) 15.04.2022: The interim bail was granted to the respondent for a period of seven days on account of death of the elder brother of the respondent. (ii)21.04.2022: The interim bail granted vide order dated 15.04.2022 was further extended for a period of 7 days on account of customary rites after death of the brother of the respondent. (Note: It may be noticed that Crl. M.C. 1852/2022 against the aforesaid orders dated 15.04.2022 and 21.04-.2022 stands preferred on behalf of the Directorate of Enforcement (petitioner)). (iii) 24.06.2022: Respondent was again granted interim bail for a period of eight weeks on medical grounds. (Note: The aforesaid order stands challenged by the Directorate of Enforcement (petitioner) in Crl. M.C. No.3713/2022, which is pending consideration). The respondent ....
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....h in Bail Application No. 40/2020 titled Devki Nandan Garg Vs. Directorate of Enforcement. 8. The report dated 22.08.2022 of the Medical Board, which was directed to be constituted in terms of orders dated 17.08.2022 passed by this Court; is pertinent to be noticed to appreciate the medical condition of the petitioner. The same may be beneficially reproduced: "The patient Mr. Raj Singh Gehlot, 63 years old gentleman was examined by the undersigned board members. His medical records were reviewed. As per his medical records and the history submitted by the patient, it is noted that he has been suffering, from Diabetes Mellitus, hypertension for last 25 years, cervical and lumbar mycloradiculopathy for 25 years, probably chronic kidney disease (recently diagnosed) due to long standing diabetes and hypertension, coronary artery disease, gastric polyps. Recently he was admitted with chest pain in July 2022 and the investigations were non contributory. However, a repeat 2D echocardiography in Aug'2022 revealed evidence of coronary artery disease with poor LV systolic function (mild concentric hypertrophy, basal and inferior wall & basal IVS akinetic with LVEF-45-50%) and was a....