TaxTMI 
TaxTMI 
2025 (8) TMI 1475
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....ned Chief Judge, City Sessions Court, Calcutta on May 17, 2025 and was remanded to E.D. custody till May 21, 2025. The petitioner seeks bail on medical grounds. 2. Learned counsel for the petitioner has submitted that the petitioner is "sick and infirm" in terms of the proviso to Section 45(1) of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the Act of 2002) and is entitled to exemption from satisfying the twin conditions of bail laid down under Section 45 of the Act. In 2018, the petitioner was diagnosed with Spinocerebellar Ataxia type 12 which is a rare genetic neuro-degenerative disorder which is incurable and his condition has progressively worsened. He is wheel chair bound and requires continuous and prol....
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.... SCC OnLine J&K 337, Directorate of Enforcement v. Anil Kumar Aggarwal order dt. 03.10.2024 in SLP (Crl.) No. 12175/2024, State of Punjab v. Davinder Pal Singh Bhullar reported in (2011) 14 SCC 770, Satyendar Kumar Jain vs Directorate of Enforcement order dt. 25.05.2023 in SLP (Crl.) No. 6561/2023 and Sunder Singh Bhati v. State reported in 2022 SCC OnLine Del 134 in support of his contention. 4. Opposing the prayer, learned counsel for the Enforcement Directorate (for short E.D.) has submitted that the petitioner is being given the best possible care and treatment in custody as per his own choice. Since he is not suffering from any life threatening disease and his illness does not have a cure, he is not entitled to bail on medical groun....
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....e State & Ors. in CRL.O.P. No. 28289 of 2023 in support of his contention. 6. I have considered the rival contention of the parties and material on record. 7. At the outset, it shall useful to reproduce Section 45(1) of the Act of 2002. "Offences to be cognizable and non-bailable. - (1) [Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no person accused of an offence [under this Act] shall be released on bail or on his own bond unless-] i. the Public Prosecutor has been given an opportunity to oppose the application for such release; and ii. where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that h....
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....cal disease called Spinocerebellar Ataxia (SCA 12) with Ataxia, parkinsonism and cognitive impairment for which he has severe physical and cognitive disabilities. 2. He now requires assistance for his ambulation and all basic activities. 3. As neurodegenerative disease progressively worsens and does not have a cure he would continue to remain disabled. 4. Additionally he also has diabetes mellitus, hypertension and recurrent syncope, which require continuous medical management." 11. The report demonstrates in no uncertain terms that the petitioner is extremely sick and infirm and requires continuous assistance for all basic activities besides continuous and prolonged medical care. Such care and assistance, in m....
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.... on the medical and humanitarian ground. 15. Accordingly, the petitioner namely Subodh Kumar Goel @ S.K. Goel be released on interim bail upon furnishing bond of Rs. 10,000/- (Rs. Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Calcutta, subject to the following conditions:- i. He shall remain within the jurisdiction of the learned trial Court and shall provide the address where he shall presently reside before the learned trial Court, the investigating officer and the officer-in-charge of the police station under whose jurisdiction he shall henceforth reside. ii. He shall not tamper with evidence or intimidate witnesses ....