2025 (11) TMI 1102

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....mother in the ECIR No. ECIR/HYZO/46/2022 under Section 3/4 of Prevention of Money Laundering Act. 2002 (hereinafter referred to as 'PMLA') dated 14.10.2022. 2. It is submitted that the Applicant was formally arrested under Section 19 of the PMLA, on 11.07.2025. Following his arrest, he was remanded to the custody of the Directorate of Enforcement till 16.07.2025 and was subsequently transferred to judicial custody, where he is incarcerated till date. 3. The Prosecution Complaint has been filed against the Applicant in the Court on 27.08.2025. The case is at the pre-cognizance stage and service upon the accused individuals, has not been completed as yet. Crucially, the investigations concerning the Applicant, has concluded. 4. The Applicant has filed Regular Bail Application No. 4035/2025, which is pending consideration, in which the next date is 11.12.2025. Hence, the present Interim Bail Application has been filed. The present Bail Application, is not on the merits but only on the urgent need/requirement at home. 5. The Bail is sought on the ground that there is a serious medical emergency concerning his mother, Smt. Asha Rani, who is suffering from a severe hip ailmen....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y and subsequent recovery. Hence, the prayer is made for grant of Interim Bail for a period of one month. 11. The Respondent/ED in its Reply, has opposed the Interim Bail Application. It is submitted that ECIR No. ECIR/HYZO/46/2022 under Section 3 and 4 of the PMLA dated 14.10.2022, was recorded on the basis of FIR disclosing commission of scheduled offences under Section 419 and 420 IPC viz. FIR No.1352/2022 dated 26.07.2022 registered by the Police Station Cyber Crime, Hyderabad. 12. The FIR was registered on the written complaint of one Mohd. Ghouse Pasha alleging fraud of Rs.1.16 Lakhs by unknown persons running an investment app named 'LOXAM' claiming to be related to a reputed French MNC Group of the same name, offering unrealistically high returns on investment. The Charge-Sheet has been filed against 15 persons, by Hyderabad Police. 13. The investigation carried out by the Police Station Cyber Crime Hyderabad revealed that the cheated money was collected in the account of one M/s Xindai Technologies Pvt. Ltd., which was opened by one Mr. Virendra Singh on the instructions of Mr. Jack, a Chinese national, and gave the Internet Banking credentials to Mr. Jack. By usi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....namely, Syed Sultan, Mirza Nadeem Baig and Mohd. Parvez. Current Accounts were opened by Mirza Nadeem Baig and Syed Sultan on the instructions of one Mr. Imran, temporarily working and residing in Dubai, who further passed on the bank account details to the masterminds of the investment scam. 17. So far as the Applicant is concerned, his role has been defined as being the Central mastermind and ultimate beneficiary of a large-scale money laundering syndicate and proceeds of crime. He devised and executed a scheme for routing unaccounted funds generated from commission of scheduled offence. His role is not confined to passive participation, but extends to planning, directing, controlling and managing every stage of the laundering cycle-placement, layering and integration-with both domestic and international dimensions. 18. The Applicant projected himself as a businessman engaged in the trade of gift vouchers, card trading, and later, ventures in Dubai. However, inquiries revealed that these activities were mere a facade for laundering illicit funds. He was instrumental in incorporating and operating various companies. While these entities were formally registered in the names ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., titled Directorate of Enforcement v. Raj Singh Gehlotand Athar Parvez v. State, CRL. REF. 1/2015. 24. It is submitted that the Regular Bail of the Applicant, has been dismissed on merits by the learned Special Court (PMLA), Rouse Avenue, Delhi vide Order dated 20.09.2025 wherein the role of the Applicant was considered in detail while dismissing the Bail Application. 25. It is contended that considering the seriousness and the gravity of the offence involved herein, the Interim Bail Application is liable to be rejected. Any leniency or indulgent shown to the Applicant, would not only defeat the ends of justice, but also embolden others to commit similar offences. 26. Insofar as the medical grounds of the family members are concerned, it is claimed that they are neither grave nor urgent and do not call for a compelling reason for Interim Bail. The medical condition of the Applicant's mother is a consequence of an old femur fracture namely, post-traumatic degenerative and osteopenic changes. Her condition is not life threatening and does not call for urgent or emergency surgical intervention. Her condition can be managed at home under orthopaedic follow-up, her care can be....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....l Application. There is a serious flight risk as he is involved in various criminal cases. He absconded the process of law for almost two years and six months and was residing in Dubai where he had a well-off living lifestyle. He purchased multiple assets for which he has been unable to give any explanation. 33. A Non-Bailable Warrant (hereinafter referred to as 'NBW') was issued against the Applicant under Section 70 CrPC (as applicable as per Section 65 PMLA), on 12.07.2024, after the accused failed to respond to the summons. A Red Corner Notice ('RCN') dated 14.01.2025, was also issued against him. The execution of the NBW proved difficult for many months because he remained outside India and evaded arrest. He was declared a Fugitive Economic Offender under Section 12 of FEOA on 22.01.2025. The Criminal Revision Petition No. 03/2025 was filed by the Applicant for setting-aside the NBWs and Crl. Appeal No. 01/2025 for assailing the Order declaring him as FEO before the Hon'ble Guwahati High Court. 34. The NBWs have been stayed by the Guwahati High Court vide Order dated 07.03.2025. Likewise, stay has been granted Order dated 07.04.2025 in FEO Order. It is submitted that the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....cement surgery done but the "family, however, intends to proceed with the surgery at a private medical facility, depending upon the health condition and logistical feasibility at the relevant time." 39. These submissions made in the Application itself reflect that there is no final date given by the doctor on which the surgery is to be performed. The date 21.11.2025 as mentioned on the OPD of Lady Hardinge Hospital, does not state that the surgery is scheduled for the said date. Moreover, the Petitioner himself is saying that they would be approaching some private medical hospital and the surgery would be undertaken in case depending upon her health condition and logistical feasibility. 40. It is abundantly clear from the submissions made in the Interim Bail Application coupled with the medical documents, that there is no surgery fixed in the near future. It is only in the contemplation of the Petitioner, but that in itself cannot create any imminent situation entitling him to Interim Bail. 41. This aspect also needs to be considered in the light of the fact that her treating doctor was Dr. Sumit Gupta. The ED had got the verification and the confirmation about the medical....