TaxTMI 
TaxTMI 
2026 (7) TMI 2029
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....k Suraksha Sanhita, 2023 (BNSS), read with Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA), the applicant seeks grant of interim bail for a period of six weeks in Prosecution Complaint Case nos. CT/02/2026 arising out of ECIR/STF/33/2025 dated 14.11.2025 and CT/14/2026 arising out of ECIR/STF/03/2026 dated 05.01.2026 as also setting aside of two separate orders both dated 09.06.2026 passed in Bail Application nos.1543/2026 and 1544/2026 passed by learned ASJ-02, Special Judge (PMLA), Saket Courts. 2. At the outset, learned senior counsel for applicant has handed over a copy of the rejoinder stated to have already been filed, but not on record. The same has been verified by learned senior counsel for ED, and is taken on ....
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....r the care of the treating oncologist. 6. Learned senior counsel further submits that apart from the applicant, there is no other family member available to take care for his ailing wife, which is apparent from the record that the applicant's parents and father-in-law are deceased, his mother-in-law is over 75 years old and suffers from multiple health conditions and his three children have been residing in the UAE since the year 2017 and 2019 i.e. well before the onset of her illness, with the eldest son remaining there to take care for his younger siblings. 7. Lastly, though learned senior counsel has cited various judgments, however, specifically relying upon Directorate of Enforcement vs. Manoj Gaur [order dated 06.02.2026 in Crl.....
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....mbers, both male and female, reside just a few minutes away and are available to provide her with the necessary physical, emotional, and psychological support. He contends that, despite claiming her condition is serious, the applicant has failed to explain why his three educated and capable children continue to reside in the UAE instead of caring for their ailing mother. 10. Learned senior counsel for ED further submits that the applicant has failed to satisfy the triple test of bail as he poses to be a serious flight risk and the Court needs to take into consideration as to whether the applicant has the means and ability to sustain himself abroad. In the present case, the fact that the applicant's children are settled in the UAE, couple....
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.... and materials on record along with the judicial precedents cited at Bar. 14. Regarding the plethora of judgments cited at Bar by both learned senior counsel for the applicant as also for the ED, considering that the present are applications where the applicant is seeking grant of interim bail under the facts and circumstances as also since his wife is suffering from Stage-IV Metastatic Ovarian Carcinoma-HRD Positive, MSI Stable, this Court proceed to decide the present applications on their own merits de hors them. 15. As borne out from the medical documents on record, it is not in dispute that the applicant's wife is suffering from Stage-IV Metastatic Ovarian Carcinoma-HRD Positive, MSI Stable with a CA-125 tumour marker of 900 U/ml....
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....ntly her requirement. 18. Moreover, it is also an admitted position that the applicant's wife is presently undergoing 'maintenance chemotherapy' once every fortnight, which treatment is administered under local anaesthesia in a day-care setting, and she is discharged on the very same day. Also, the material on record indicates that the treatment is a planned and periodic regimen intended to maintain her medical condition and is not shown to involve any medical emergency or critical procedure necessitating the applicant's continuous presence. 19. Furthermore, apart from the Certificate/ opinion dated 29.05.2026 issued under the care of the treating oncologist, which too does not indicate the dire need of the applicant's presence, no ma....