TMI Blog2017 (12) TMI 1795X X X X Extracts X X X X X X X X Extracts X X X X ..... more than 5 months. Petitioner is not an accused in the predicate offence. Petitioner s father and brother are settled in India. It is not advisable to discuss and return any findings on the merits and/or demerits of the allegations and counter allegations of the parties at this stage, as it will affect the proceedings of the complaint on merits. Keeping in mind totality of the facts and circumstances of this case, petitioner is admitted to bail, subject to her furnishing a personal bond in the sum of ₹ 1 lac with two sureties in the like amount to the satisfaction of trial court. Petitioner shall not leave the country without the permission of the trial court - Bail application allowed. - BAIL APPLN. 2164/2017& Crl. M.B. No. 189 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Criminal) No. 67 of 2017 titled Nikesh Tarachand Shah vs. Union of India Anr., and connected writ petitions and criminal appeals. In para 45 of the judgment, Supreme Court has held as under:- 45 Regard being had to the above, we declare Section 45(1) of the Prevention of Money Laundering Act, 2002, insofar as it imposes two further conditions for release on bail, to be unconstitutional as it violates Articles 14 and 21 of the Constitution of India. All the matters before us in which bail has been denied, because of the presence of the twin conditions contained in Section 45, will now go back to the respective courts which denied bail. All such orders are set aside, and the cases remanded to the respective Courts to be heard on merits ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly taken in possession by the ED officials. Petitioner filed a writ petition in Madras High Court, which was allowed and passport was ordered to be released. Only thereafter, petitioner was called in Delhi office on 16th July, 2017 and was arrested when she visited ED office. Her custody remand was taken upto 29th July, 2017. Thereafter, petitioner was sent to judicial custody. Petitioner is in custody for last five months; whereas co-accused Gautam Khaitan was released on bail after 103 days. 4. Petitioner is aged about 53 years. She is sick and requires regular medical attention, more particularly physiotherapy. The companies through which ED has alleged the diversion of funds are primarily managed by her husband. It is submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g substantial interest. Petitioner is Director in Matrix Sociis Holdings Limited, India, Whitespring Estates Private Limited, India, Recom Properties Private Limited, India, M/s UHY Saxena, UAE, Mercon Holdings Limited, Dubai, Matrix Group Limited, Dubai, Matrix Holdings Limited, Dubai, Mercon Impex LLC, Dubai, Matrix Industries Limited, Dubai, ManugraphImpex FZCO, Dubai and Multimission Software Services LLC, Dubai. She is Managing Director of Mercon Trading LLC, Dubai. Petitioner is MBA and was actively involved in the affairs of aforesaid companies. Proceeds of crime to the tune of over sixty crores were diverted through various companies including the aforesaid companies. 6. It is further contended that offence alleged against the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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