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TMI Blog2020 (10) TMI 1262X X X X Extracts X X X X X X X X Extracts X X X X ..... er and a manager of high net worth accounts of various individuals and companies. Many individuals made investments in the said company. One Mohammed Khalid Ahmed made a report to the Commercial Street Police, Bengaluru, complaining that he, his family members and relatives had invested a sum of Rs. 1,34,50,000/- in the petitioner's company as they were all allured of high returns. Till March 2019, the petitioner gave them profits and thereafter stopped. When he requested the petitioner to return the deposits, he failed. On receipt of this report, the State Government constituted a special investigating team and thereafter the investigation was transferred to CBI. It came to light that the petitioner had collected Rs. 4,000 crore from m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erefore the presence of the petitioner is not at all necessary for any further investigation. The petitioner is suffering from diabetes, hyper tension for quite a long time; he has heart ailment and been diagnosed with unstable angina coronary artery disease and 100% blockage. In addition he is also suffering from spine degenerative spondylosis. He refers to a letter written by the Chief Medical Officer of the Central Prison, Bengaluru, to the Chief Superintendent of the Central Prison and argued that the health condition of the petitioner being so, it is expedient to release him on bail so that he can take better treatment in a hospital of his choice. The petitioner assures of appearing before the court regularly till conclusion of trial a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ating officer has collected ample evidence against the petitioner. In a circumstance like this, if the petitioner is released on bail, he is likely to alienate the properties which he might have purchased from the proceeds of crime and in that event the interest of the investors will be affected. 6.1. Regarding the health condition of the petitioner, it was the argument of Sri Madhukar Deshpande that the petitioner's health condition is stable as has been reported by the Chief Medical Officer of the Central Prison. The trial court has observed the same in its order. Diabetes and hyper tension are all common ailments which can be managed and therefore this ground cannot be considered for granting bail to the petitioner. He has placed re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the observations made in these decisions, it is possible to say that even in the case on hand also, there are prima facie materials against the petitioner and in this background there is no scope for granting bail. But the learned counsel for the petitioner did not argue for granting bail on the point that there are no prima facie materials, he emphasized two points namely health condition of the petitioner and his availability for the purpose of trial. 8. The Hon'ble Supreme Court in the case of Sanjay Chandra (supra), considered the health condition as one of the reasons for granting bail. This court in the case of Syed Abdul Ala (supra) has clearly held as below : - "10. On careful reading of the decisions of the Supreme Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reatment that he may take outside the jail may be of different standard. It is pertinent to note that the Chief Medical Officer has clearly made an observation about the chronic disease conditions of the petitioner. Therefore, certainly this aspect can be considered for granting bail. 10. As has been argued by the learned counsel for the petitioner, the latter came to India voluntarily from abroad, surrendered before the police and cooperated with them by sharing his passwords and other data required for investigation. Sri Madhukar Deshpande did not dispute these aspects while arguing. Now, the only question that remains is, whether there is any chance of his fleeing away from India and thereby hampering the trial. The answer should be def ..... X X X X Extracts X X X X X X X X Extracts X X X X
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