TMI Blog2020 (6) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... erely because another litigant had withdrawn the prayer made before the Hon ble Supreme Court submitting in relation to the alleged arbitrariness of the criteria laid down by the Hon ble High Powered Committee in relation to the economic offences, the same cannot apply qua the submissions made by the petitioner, nevertheless, it is essential to observe that in as much as there are allegations against the petitioner of the alleged commission of economic offences inter alia punishable under the PMLA Act, 2002 as also punishable under Section 409 of the Indian Penal Code, 1860. Application declined. - W.P.(CRL) 814/2020 - - - Dated:- 15-5-2020 - HON'BLE MS. JUSTICE ANU MALHOTRA Petitioner Through: Mr. Mukul Rohatgi, Sr. Adv. with Mr. Kailash Vasdev, Ms. Neoma Vasdev, Advs. Respondents Through: Mr. Rahul Mehra, Senior Standing Counsel with Mr. Chaitanya Gosain, Adv. JUDGMENT ANU MALHOTRA, J. CRL.M.A. 6440/2020 1. This is an application filed by the petitioner under Article 226 of the Constitution r/w Section 482 of the Cr.PC, 1973 seeking urgent relief seeking that the minutes of the meeting of the Hon ble High Powered Committee of this Court held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alleged in the complaint filed by the Directorate of Enforcement that some such loans were learnt to have been extended to entities which appear to be eventually controlled by the promoters of the REL and entities which were known to and controlled by Mr. Narender Kumar Goushal, a long time associate of the promoters. The complainant i.e. the Directorate of Enforcement vide its complaint dated 10.01.2020 under Sections 44/45 of the Prevention of Money Laundering Act, 2002 qua the alleged commission of offences punishable under Section 3 r/w Section 70, punishable under Section 4 of the PMLA Act, 2002 has thus alleged that the present petitioner and Mr. Shivinder Mohan Singh and Mr. Sunil Godhwani in collusion with Mr. Narender Kumar Goushal by abusing their position caused the RFL to enter into transactions whereby public moneys were transferred to shell companies/ suspicious entities and siphoned away. It has also been alleged that the present petitioner and Mr. Shivinder Mohan Singh and Mr. Sunil Godhwani by concealing facts and abusing their position caused RFL to lend money to entities owned and controlled by them and Mr. Narender Kumar Goushal (directly or indirectly) with no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate. The High Powered Committee shall take into account the directions contained in para no.11 in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. 8. The petitioner has thus submitted that he seeks his urgent release from the prison in as much as there are several inmates lodged in the prison with grim prison facilities and that there are three under trial prisoners quarantined at the Tihar Jail in as much as one of the persons had come in contact with the victim who tested positive for COVID-19 and that the apprehension of the petitioner of contracting COVID-19 is reasonable and well founded. The petitioner further submits that the offences alleged against him are in the nature of an economic offence arising from and pertaining to an international arbitration award from which proceedings pending appeal in Court of competent jurisdiction outside India and that charge sheets have already been filed in all cases and that the petitioner has d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ho are facing trial for offences under section 376, 376A, 376B, 376C, 376D and 376E and Acid Attack; (iv) Those UTPs who are foreign nationals; and (v) Those under trial prisoners who are facing trial under Prevention of Corruption Act (PC Act)/ PMLA ; and (vi) Cases investigated by CBI/ED/NIA/Special Cell Police and Terror related Cases, cases under Anti-National Activities and Unlawful Activities(Prevention) Act etc. to the effect inter alia that persons facing trial under the PMLA do not fall within the category of UTPs who may be released on interim bail due to COVID-19 are arbitrary and that the same does not fall within the contours of the order dated 23.03.2020 of the Hon ble Supreme Court in Suit Moto Writ Petition (C) No.1/2020. A further submission made on behalf of the petitioner is to the effect that the said guidelines are wholly arbitrary and that the same is an irrational classification of persons in judicial custody infringing thus the rights of the petitioner who is immune compromised and is likely to be adversely affected by it if he contracts the fatal Coronavirus. 10. It is further submitted on behalf of the petitioner that he has been su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2020, 09.05.2020 inmate patient was reviewed by jail visiting SR Dermatology as case of tenia cruris (rash with irritation in groin region), he was examined and advised medications accordingly. On 30.11.2019, 14.12.2019, 11.01.2020, 18.04.2020, 25.04.2020, 09.05.2020, inmate patient was reviewed by jail visiting SR Orthopedic as a follow up case of Low Backache with radiculopathy, Neck pain, B/L shoulder pain with B/L knee pain, he has been examined and advised Physiotherapy medications accordingly. On 30.03.2020 inmate patient was reviewed by jail visiting SR Medicine for the complaint of Loose stools, pain on defecation, congestion in chest, pain in gums, orthostatic hypotension and alleged history of fissure in ano with history of left knee arthroscopy, he has been examined and advised RBS Charting and medications accordingly and also advised to review with old medical report. On 08.04.2020 inmate patient was reviewed by jail visiting SR Ophthalmology as a case of refractive error with presbyopia, he was examined and advised to wear prescribed bifocal glasses. On 09.04.2020 inmate patient was reviewed by jail visiting SR Medicine as a case of recently detected ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igh Powered Committee dated 28.03.2020. 14. Reliance was also placed on behalf of the applicant/ petitioner on a catena of verdicts i.e. the verdicts of this Court in Anil Mahajan Vs. Commissioner of Customs and Ors. 2000III AD (Delhi) 369, Arvind Yadav vs. Govt. Of NCT of Delhi in BAIL APPLICATION 778/2020, Babu Lal vs. State (N.C.T. OF DELHI) in CRL.A. 291/2020, H.B. Chaturvedi vs. CBI 2011IAD(Delhi)447, Dr. Shivender Mohan Singh (IN J.C.) vs. State of NCT of Delhi Ors. in W.P.(CRL.)-URGENT 10/2020 and the verdict of the Hon ble Supreme Court in Ashok Dhingra Vs. N.C.T. of Delhi (2000) 9 SCC 533, P. Chidambaram vs. Directorate of Enforcement in Criminal Appeal No.1831/2019, Kishan Khubchand Korani ANR. vs. The State of Gujarat Anr. in Criminal Appeal No(s). 859/2018, Mohan Singh, Advocate vs. Union Territory, Chandigarh (1978) 2 SCC 366, Prem Shankar Shukla vs. Delhi Administration (1980) 3 SCC 526, Sanjay Chandra VS. Central Bureau of Investigation (2012) 1 SCC 40, Capt. Satish Kumar Sharma vs. Delhi Administration and Others. In Criminal Writ No.265/90, SMD Kiran Pasha vs. Government of Andhra Pradesh and Others (1990) 1 SCC 328 to contend to the effect that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the Hon ble Supreme Court submitting in relation to the alleged arbitrariness of the criteria laid down by the Hon ble High Powered Committee in relation to the economic offences, the same cannot apply qua the submissions made by the petitioner, nevertheless, it is essential to observe that in as much as there are allegations against the petitioner of the alleged commission of economic offences inter alia punishable under the PMLA Act, 2002 as also punishable under Section 409 of the Indian Penal Code, 1860, which is punishable with imprisonment for life or that which may extend to 10 years and to a fine and thus as the case of the petitioner clearly does not fall within the parameters of the guidelines laid down by the Hon ble High Powered Committee of this Court dated 28.03.2020 nor within the guidelines of the Hon ble High Powered Committee laid down on 18.04.2020 referred to hereinabove, coupled with the factum that the status report dated 15.05.2020 that is of date as received from the Medical Superintendent of the Central Jail No.8/9, Tihar Jail brings forth that the condition of the applicant is stable, there is no ground whatsoever for the grant of interim bail / ..... 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