TMI Blog2022 (1) TMI 12X X X X Extracts X X X X X X X X Extracts X X X X ..... The situation mentioned in the application has to be considered with humane approach. There is no one except two children, in the family of the accused, to look after their mother. Whatever medical papers forwarded by Dr. Umesh Shetty have no history like issuing fake medical certificates to the accused and their families for getting bail from the Court. When there is no history as such and Dr. Umesh Shetty is well known Orthopedic Surgeon in Mumbai, his opinion cannot be discarded by completely disbelieving him. Therefore, the impact on the children and genuine need of their father to cope up with the same is an ardent need which is reflecting from the application and medical papers. Application is allowed as a first and last chance that, no further application on such ground or other, will be entertained or even for continuation of temporary liberty will be entertained after the lapse of period directed in this order. - ORDER BELOW EXH.100 IN PMLA SPECIAL CASE NO.404 OF 2021 - - - Dated:- 2-12-2021 - M. G. DESHPANDE, SPECIAL JUDGE UNDER PML ACT, Appearance: Mr. Mihir Gheewala @ Mr. Vivek Babar, Ld. Advs. for applicant. Mr. Sunil Gonsalves, Ld. Spl. P.P. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reat difficulties which cannot be shared with anyone as no near relatives or acquaintance is with them to stabilize the situation. 3. Enforcement Directorate (ED) by their say at Exh.100-A opposed this application and contended to reject the same. By way of their preliminary objections they have pointed out law laid down by the Hon'ble Supreme Court in the State of Gujarat Vs. Mohanlal Jitamalji Porwal and Anr. 1987 AIR 1321, regarding gravity of economic offence. ED further placed reliance on Y. S. Jagan Mohan Reddy Vs. Central Bureau of Investigation, [(2013)7 SCC 439]. With the help of Gautam Kundu Vs. Manoj Kumar [(2015)16 SCC 1], it is contended how the Hon'ble Supreme Court laid down that money laundering is a serious threat to the National economy and National interest. Section 3 of Prevention of Money Laundering Act, 2002 (for short PML Act) is reproduced pointing out the concept of proceeds of crime. Again Sec.45 of PML Act is referred an contended that application is not maintainable. Background of the case and the facts involved therein is referred contending that, there is money laundering of ₹ 200.30 Crore and the applicant was involved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the prayer warrant, the said objection appears untenable. It was not the prayer of the appellant that he should be released to attend the funeral of his deceased mother. The specific prayer was to release him so that he can join his family in performing the rituals. From this stand point, the claim of the appellant that the rites, rituals and condolence meeting, which have been kept in abeyance, are to be performed and held on the first death anniversary of his mother, cannot be said to be impracticable or untenable. 6. Initially when this application was taken up for hearing and say of ED was called, Ld.S.P.P Mr. Gonsalves submitted that, detail report of Axis Hospital Dr. Umesh Shetty regarding the exact status of illness and gravity thereof in respect of Karachi Chaturvedi i.e wife of the applicant, was called. Accordingly, Dr. Umesh Shetty, M.S. (Ortho) Medical Director, Axis Multispeciality Hospital, Andheri, Mumbai sent the papers in intact envelope by deputing his staff. Said envelope was opened in the presence of Ld. S.P.P Mr. Gonsalves and Ld.Advs. for the applicant. Papers contents certificate issued by Dr. Umesh Shetty that Mrs. Ruchika Chaturvedi (wife of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ised by ED in their say refer to the merit of the case and law relating to bail in an economic offence. On all these submissions already the application for bail on merit was rejected and the applicant has not challenged till date before the Hon'ble High Court. 9. It has to be noted that the temporary bail is prayed on humane ground. Situation mentioned in the application indicates that, applicant is in jail since 23.01.2021. His bail application was rejected. He has two children, son and daughter. Son is aged 16 year and daughter is aged 11 year. There is no to look after them as their mother is admitted in the hospital. Acquaintances, who shifted her to the hospital have certain limitations and this fact cannot be ignored. Apart from this, it has to be noted that, in other offences for example offence against human body, family members of accused involved in offences against human body know well the background, conduct of the person accused and consequences of his act. However, economic offences are product of wise brains and accused persons involved therein are generally highly educated and qualified. Basically their families and children are never aware of what their fat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t tamper with the prosecution evidence in any manner whatsoever and shall not contact any of the prosecution witnesses for any purpose and also anyone who is anyway related to the present case. 6. The applicant shall surrender his passport with the Registrar (S) of this Court. 7. The applicant shall surrender before this Court without fail by 04.30 p.m. on 15.12.2021. Failure will result in serious consequences. 8. It is made clear that, no prayer for extension of period of bail, beyond 15.12.2021, will be entertained on any count whatsoever. 9. Superintendent, Arthur Road Jail be informed that, this is temporary bail order and its tenure is as above. So that, accused No.11 will be allowed to resume the jail. 10. No application on the ground of personal illness of accused will be entertained in the background of the above order. 11. ED staff accompanying the accused should take care that, reasonable privacy be maintained through out the above period. 12. Transcription of the order is ready and effect of this order will begin on 06.12.2021, so that, in the meantime ED can challenge this order and get stay for the same. 13. Authenticated copy o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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