TMI Blog2022 (4) TMI 775X X X X Extracts X X X X X X X X Extracts X X X X ..... vi Sharma, Advocate for the petitioner. Mr. S. V. Raju, Addl. Solicitor General of India Mr. Satya Pal Jain, Addl. Solicitor General of India with Mr. Arvind Moudgil, Sr. Panel Counsel, Mr. Sanjay Vashishth, Sr. Panel Counsel, Mr. A. Venkatesh, Advocate, Mr. Ankit Bhatia, Advocate, Ms. Jyotika Panesar, Advocate, Mr. Anirudh Sood, Advocate for the petitioner-ED. Mr. Himmat Singh, DAG, Haryana and Mr. Deepak Grewal, DAG, Haryana. Mr. Hemant Bassi, Advocate, Mr. H.S. Deol, Advocate, Mr. Mansur Ali, Advocate, Mr. Imran Ali, Advocate, Mr. Tushar Mehta, Advocate for the victims/intervenors. ****** ARVIND SINGH SANGWAN, J. Prayer in this petition is for grant of regular bail to the petitioner in PMLA Case No.COMA/01/2022 titled as Directorate of Enforcement Vs. Lalit Goyal in ECIR/GNZO/10/2021 dated 15.06.2021 under Sections 3 4 of The Prevention of Money Laundering Act, 2002 (for short PMLA ), arising out of FIR No.38 dated 11.02.2020 under Sections 406, 420, 467, 468, 471 IPC, Police Station Pinjore, Panchkula. At the very outset, learned counsel for the intervenors have referred to an order dated 07.04.2022 passed by the Hon ble Supreme Court p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... geon. Same treatment was continued, but patient continued to complain of backacke and had High BP readings, for which, he was again taken up for MRI scan on 12.02.2022, which showed annular tear at L3-4, L4-5 and disc prolapse at L5-51. Tab Gabapentin and tab Nortryptalin was advised. Further, for persistent chest pain, Cardiology opinion was sought and TMT was advised. On 14.02.2022, patient was taken up for TMT, which had to be stopped because of the reason that patient developed Chest pain during TMT and result of TMT was inconclusive.Therefore, Cardiologist advised Cardiac Angiography, but after enquiring the patients regarding allergies, the patient had given H/o allergy to lodine Dye, so Cardiac Angiography could not be performed in the center. On 15.02.2022, Right Upper Limb Radiculopathy was diagnosed by Neurosurgeon and was advised. Neurosurgical opinion on 16.02.2022 and 17.02.2022 was sought for left upper limb pain, for which, Physiotherapy was advised. The patient had occasional spikes of High Blood Pressure despite of all the medications and was being managed conservatively under Neurosurgery till 20.02.2022. Patient started c/o bleeding per rectum asso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner has submitted that passport of the petitioner is already seized by the Enforcement Directorate and he will not travel abroad during this period and will stay either at Gurugram or Chandigarh. Considering the submissions made by learned counsel for the parties, I deem it appropriate to grant interim bail to the petitioner on medical grounds. Accordingly, the petitioner is directed to be released on interim bail for a period of 15 days from the date of his release, with the following directions: - (a) He will stay either at Gurugram or Chandigarh. (b) He will mark his presence with the Investigating Officer of the Enforcement Directorate twice a week through video conferencing. (c) On the next date of hearing, he will place on record his complete treatment record by way of filing an application with advance copy to the counsel opposite. (d) He will not dispose of or alienate any of his property. List again on 16.03.2022. In the meantime, reply, if any, be filed with an advance copy to learned counsel for the petitioner. Thereafter, on 09.03.2022, while extending interim bail on medical grounds, it was directed that the petitioner appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has complaints of vertigo and tinnitus for which he requires turther assessment and management under ENT department. 4. General Medicine Department: Patient is a known case of hypertension with hypertriglyceridemia with? angina. His BP was 140/86 mmHg on medication. Patient is currently on Tab Amlip 5 mg OD, Tab Fenolip-145 mg 1-tab HS, Tab ecosprin 75 mg 1-tab HS, Tab Eptus 25 mg OD and Tab Embeta XR 25 mg OD. Patient was advised Stress Thallium Test (Modified Bruce protocol) by cardiologist as Treadmill Test (TMT) was inconclusive. Clinically, he has mild improvement in symptoms and is advised to continue same treatment and undergo Stress Thallium Test as advised by cardiologist at higher centre. 5. Eye Department: He is an old case of Central Serous Retinopathy (CSR) status post Photodynamic Therapy (PDT) with Laser, presenting with black patches in vision and floaters on 22/02/2022. He was advised OCT scan and retina specialist opinion. He has now come with reports of Optical Coherence Tomography (OCT) and Fundus Fluroscein Angiography (FFAJ) which were suggestive of left Classic Neovascular Membrane (CNVM) along with CSR for which injection Eyelea is required. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom 2009 to 2012 and he resigned from the post of Director on 06.04.2012. It is further submitted that one of the company M/s IREO Funds is an independent entity, based at Mauritius and has invested in the residential and commercial projects in India under the Foreign Direct Investment policy and has also invested huge amount in dollars in six companies i.e. (i) M/s IREO Pvt. Ltd. (accused No.2), (ii) M/s IREO Fiverivers Pvt. Ltd. (accused No.3), (iii) M/s IREO Waterfront Pvt. Ltd. (accused No.4), (iv) Puma Realtors Pvt. Ltd. (accused No.5), (v) M/s IREO Residences Pvt. Ltd. (accused No.6), and (vi) M/s IREO Grace Realtech Ltd. (accused No.7). It is also submitted that from 2011 to 2018, within scope of FDI policy of India and under the provisions of Companies Act, 1956, certain amount invested by M/s IREO Funds was remitted back in the form of buy-back shares after 17 years of the investment as most of the projects were completed and possession was handed over. In the meantime, the petitioner, in 2010, joined IREO Singapore Pvt. Ltd. as President and later on, his designation was changed as MD and then, non-Executive Director. In 2011, the petitioner entered into a consultancy agr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... panies Law Tribunal, New Delhi, in which the petitioner was the respondent and as per the investigation carried out by the Directorate, the petitioner is a beneficiary of overseas trust, which are owning and controlling the overseas companies, however, he is evading details of the same. A formal complaint (Annexure P-18) was filed by the Directorate of Enforcement against the petitioner and above-stated six companies under Sections 44 45 of PMLA for commission of offence as defined under Section 3 read with Section 70 punishable under Section 4 of PMLA. Learned senior counsel has referred to para No.1 (xviii) of this complaint, wherein the detail of 30 FIRs is given. FIRs at Sr. Nos.2 to 14 are shown to have been cancelled, as a cancellation report is filed before the competent Court. With regard to remaining FIRs, it is stated that their status is being identified. It is submitted that though the cancellation report is yet to be accepted, however, the fact that ED is admitting that number of FIRs have been cancelled, the Court should draw an adverse assumption against ED. It is further submitted that in the intervening period, the petitioner received summons from ED and filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the petitioner, vide which he was granted the interim bail on medical grounds as per proviso to Section 45 (i) of PMLA. It is further submitted that granting of regular bail to the petitioner will involve the risk of fleeing from justice, as on an earlier occasion, a lookout notice was issued against the petitioner, when he was trying to travel abroad and the petitioner may try to tamper with the evidence or influence the prosecution witnesses. It is also not disputed that as per investigation of ED and the complaint (Annexure P-18), in some of the FIRs, closure report has already been filed. Learned counsel for the interveors have submitted that the petitioner is involved in some other FIRs, therefore, again there is a possibility of fleeing from the process of justice. It is further submitted that the victims have made huge investment in IREO projects and the same have not been completed and they have been cheated. In reply, learned senior counsel for the petitioner has submitted that in majority of the FIRs, claim of the principal amount and substantial interest has been admitted by the Resolution Professional and therefore, closure report has been filed, as admitted b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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