TMI Blog2017 (9) TMI 952X X X X Extracts X X X X X X X X Extracts X X X X ..... physiotherapy of the petitioner. There is nothing on record to establish that petitioner is suffering from such serious ailments which necessitates her treatment in multi specialty hospital from specialist doctor. Petitioner can be and is being provided medical treatment in jail itself. Petitioner only requires physiotherapy which can easily be provided either in jail or in any other hospital affiliated to the jail or in the vicinity of the jail. The offence alleged against the petitioner falls under the category of economic offences which stand on a graver footing. These crimes are professionally committed by white-collared people which inflict severe injuries on both health and wealth of the nation. Such offences need to be dealt with a heavy hand and releasing such accused on bail will affect the community at large and also jeopardize the economy of the country. The plea of parity is also not tenable in this case since the court did not consider, refer to and discuss the rigours of Section 45(1) of the PMLA. Petitioner has also failed to bring out any special circumstances for her release on bail being a woman or sick, keeping in mind the nature and gravity of offence, bail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Agusta Westland. M/s Interstellar Technologies Ltd., Mauritius had received 12.4 million Euros. These proceeds were then transferred to foreign locations including the companies owned by the petitioner and her husband, namely, M/s UHY Saxena, Dubai and M/s Matrix Holdings Limited, Dubai. Petitioner was partner/director in both the companies. Petitioner was arrested in Chennai on 16th July, 2017 and her custody remand was taken. During this period, her statement under Section 50 of the Act was recorded. She was confronted with the records but she gave evasive replies. She also avoided to furnish information regarding companies situated in Mauritius and Dubai with which she and her husband (co-accused) were associated. Petitioner did not cooperate in the investigation. Huge transactions were noticed in the HDFC Bank accounts of the petitioner in India. Petitioner did not disclose other banks accounts, which found reflected in her HDFC Bank account. Petitioner was also associated with M/s Matrix Group Limited, Dubai, M/s Matrix Holdings Limited, Dubai, M/s Cronimet Mercon Invest. Ltd., Dubai, M/s ReCom Properties Pvt. Ltd. and M/s Whitespring Estate Pvt. Ltd. as a director or otherwi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the benefit of petitioner in the facts of the present case. Proviso can be pressed into service only in such cases where the accused, by virtue of a woman and sick, would justify her being treated in the same genre of the person enlisted in the proviso. Sickness of the petitioner is not serious in nature. She only needs physiotherapy, as is evident from the orders dated 23rd August, 2017 and 4th September, 2017 of the learned Special Judge. Physiotherapy is already being provided while she is in jail. There is nothing extraordinary in the condition of the petitioner warranting bail, inasmuch as, in more serious medical conditions bail on the medical ground has been declined in Chhagan Chandrakant Bhujbal vs. Assistant Director, Enforcement Directorate and Anr. by the Bombay High Court vide judgment dated 16th June, 2016 passed in Bail App No. 1050/2016. 7. It is further submitted that the proviso is only an enabling provision which vests power in Court to exercise discretion in appropriate cases to the categories of persons as notified therein including woman or sick, but the same cannot be construed to mean that it would annihilate the main section which provides the twin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt so directs: Provided further that the Special Court shall not take cognizance of any offence punishable under section 4 except upon a complaint in writing made by (i) The Director; or (ii) Any officer of the Central Government or State Government authorized in writing in this behalf by the Central Government by a general or a special order made in this behalf by that Government. [(1A) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or any other provision of this Act, no police officer shall investigate into an offence under this Act unless specifically authorized, by the Central Government by a general or special order, and, subject to such conditions as may be prescribed.] (2) The limitation on granting of bail specified in subsection (1) is in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail. 9. A perusal of Section 45(1) of PMLA makes it clear that no person, accused of an offence punishable for a term of imprisonment of more than three years under Part A of the Schedule, shall be released on bail or on hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sick or infirm: Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that It is just and proper so to do for any other special reason: Provided also that the mere fact that an accused person may be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court. (Emphasis laid) 11. In the context of proviso to Section 437(1) of the Code, a learned Single Judge of this Court in Meenu Dewan (Supra) has held that merely because the petitioner is a woman does not entitle her for bail under the proviso but the nature, gravity and seriousness of offence have also to be considered. In Prahalad Singh Bhati (Supra) also, Supreme Court has held thus the condition of not releasing the person on bail charged with an offence punishable with death or imprisonment for life shall not be applicable if such person is under the age of 16 years or is a woman or is sick or infirm, subject to such conditions as m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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