2020 (4) TMI 893 - HC - Indian Laws

Money Laundering - Seeking grant of Interim Bail - COVID-19 outbreak situation - likelihood of the petitioner being affected by Covid-19 - over-crowding in jail - HELD THAT - A status report has been filed by the Superintendent Prisons (Headquarters) indicating the steps taken for reducing the over-crowding in the jail and the further steps which are likely to be taken. Be that as it may petitioner in his Cell is in isolation and thus is maintaining social distancing. Even if the petitioner has to use common facilities like rest room and taking food the distancing can still be maintained besides maintaining hygiene by use of adequate measure including washing hands etc. to which the petitioner does not state that there is any inadequacy. The second ground urged by the petitioner is that in case interim bail is granted to him he would be of help to the society in view of his expertise in the Healthcare sector. Before filing the present petition the petitioner has filed writ petition before the Hon ble Supreme Court wherein the Hon ble Supreme Court has directed that the suggestions given by the petitioner be considered by the concerned authorities. The petitioner is allegedly involved in offence punishable with more than 7 years of sentence and in more than one case and that too under PMLA and hence does not qualify to be released pursuant to directions of the High Powered Committee - petition dismissed.

Summary

Issues:
1. Maintainability of the petition seeking interim bail
2. Grounds for seeking interim bail during the Covid-19 pandemic
3. Arguments against granting interim bail
4. Relevance of the petitioner's expertise in the healthcare sector
5. Consideration of the petitioner's bail application in light of serious allegations

Issue 1: Maintainability of the petition seeking interim bail
The petitioner sought interim bail due to the Covid-19 outbreak, challenging the criteria set by the High Powered Committee. The respondent argued that the petition was not maintainable as a writ petition, emphasizing the discretion of the High Powered Committees to set criteria for prisoner release. The petitioner's counsel clarified that the petition was essentially for interim bail, regardless of its nomenclature.

Issue 2: Grounds for seeking interim bail during the Covid-19 pandemic
The petitioner requested interim bail citing overcrowding in jails, the risk of Covid-19 infection, and the potential contribution to society based on his healthcare sector experience. The petitioner highlighted completed investigations, primarily documentary evidence, and previous temporary release due to a family death. The petitioner aimed to utilize his expertise to assist in managing the pandemic.

Issue 3: Arguments against granting interim bail
The State opposed the interim bail application, stating that the petitioner did not meet the criteria set by the High Powered Committee due to the serious nature of the offenses, facing trial in multiple cases, and involvement in corruption-related charges. The Enforcement Directorate argued that the petitioner's suggestions had been considered, and any bail application should be made before the Special Judge. The complainant emphasized the seriousness of the allegations and the substantial amount involved in the case.

Issue 4: Relevance of the petitioner's expertise in the healthcare sector
The petitioner's expertise in the healthcare sector was highlighted as a reason for seeking interim bail to contribute to combating the Covid-19 pandemic. However, the court noted that the petitioner's suggestions had been forwarded to the authorities for consideration, and any cooperation required would be facilitated through appropriate means.

Issue 5: Consideration of the petitioner's bail application in light of serious allegations
The complainant stressed the seriousness of the allegations against the petitioner, involving a significant financial sum. The court considered the petitioner's involvement in offenses punishable by over seven years and under the Prevention of Money Laundering Act (PMLA), concluding that the petitioner did not qualify for release based on the High Powered Committee's directions.

In the judgment, the court found no grounds to grant interim bail to the petitioner and dismissed the petition.