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2019 (4) TMI 1854 - HC - Money LaunderingMoney Laundering - Grant of Interim Bail - Present applications seeking interim bail are based primarily on two grounds i.e. keeping in view the present Covid-19 pandemic and the overcrowding in jail, thereby social distancing not being maintained and secondly, the petitioner claims parity with the co-accused on the ground that they have been released, however, the second issue would be relevant while hearing the regular bail applications. HELD THAT:- This Court in terms of the decision of the Hon’ble Supreme Court is required to decide the interim bail applications on its merit as the regular bail applications of the petitioner cannot be decided at the moment. In the interim bail applications, the pleas taken by the petitioner are about the risk involved to him due to the prevailing infections due to spread of Covid-19 pandemic in the country, particularly, in view of the fact that the petitioner is aged 59 years of age is vulnerable and being a foreign national has compromised immunity level as per the climatic conditions of this country. The petitioner also states that the bail applications of the petitioner are pending since long and that the other co-accused has been released. As regards the apprehension of the petitioner being infected by Covid-19 pandemic, it may be noted that the petitioner is lodged in separate cell with only two other prisoners and thus, is not in a Barrack or dormitory where there are number of prisons. It is not the case of the petitioner that any of the two inmates residing with him are suffering from Covid-19 pandemic. Hence, the apprehension of the petitioner also because of the vulnerable age and overcrowding in jail that he is likely to contact Covid-19 which may be detrimental to his health, is unfounded. As regards the other co-accused having been released as noted above in the arguments of the learned counsel for the CBI and Enforcement Directorate, Rajiv Saxena and Sushen Mohan Gupta have not been charge sheeted as accused in the CBI case and not arrested till date by the CBI - As regards Sushen Mohan Gupta is concerned, the order granting bail to this accused by the learned Special Judge has already been challenged by the Enforcement Directorate before this Court. Further, though Rajiv Saxena was deported, he has roots in India and thus the learned Special Judge held that there was no apprehension of his fleeing away from justice and was not a flight risk - As regards the petitioner is concerned, despite being a British national, petitioner has not been in that country for the last 6-7 years and had to be extradited from Dubai after an inquiry. On knowing about arrest in Italy, the petitioner fled to Dubai. The petitioner is thus a flight risk and also has no roots in the society. Application dismissed.
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