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Showing contexts for: INTERIM BAIL APPLICATION in Chander Parkash Wadhwa vs U.O.I. Thru. Joint ... on 12 February, 2021Matching Fragments
(b) to allow the interim bail application on medical grounds filed by the applicant before the Ld. PMLA Court, Lucknow and grant him interim bail on medical grounds for a period of 6 months in ECIR/06/PMLA/LKZO/2019, Under Section: 3/4 of Prevention of Money Laundering Act, 2002, Police Station : Directorate of Enforcement, District : Lucknow pending before the Court of Special Judge, PMLA, Lucknow.
(c) it is further prayed that the applicant may kindly be released on interim bail during the pendency of the present Application under Section 482 Cr.P.C. in the interest of justice in ECIR/06/PMLA/LKZO/2019, Under Section : 3/4 of Prevention of Money Laundering Act, 2002, Police Station : Directorate of Enforcement, District : Lucknow pending before the Court of Special Judge, PMLA, Lucknow.
(d) to issue any other order or direction which may be deemed just and proper in the interest of justice in favour of the applicant.
3. Factually, learned counsel for the applicant has submitted that applicant is innocent and has falsely been implicated in the criminal case which was registered by EOW, Delhi vide FIR No.178/2017, under Sections 406, 409, 420, 120-B IPC. Subsequently, he was arrested by the Directorate of Enforcement, Lucknow Division on 18.12.2020.
4. Learned counsel for the applicant has further submitted that when applicant was under incarceration in Delhi, he developed some dental problem, hence an application for interim bail was moved by applicant before the learned Session Judge, (East Delhi), Karkardooma Courts, Delhi. Learned Addl. Session Judge (East Delhi), Karkardooma Courts, Delhi had allowed the interim bail application of applicant on 30.04.2020, by considering the prevailing circumstances of Covid-19 pandemic and dental problem and the health condition of the applicant as reflected from status report dated 28.04.2020. The court concerned had released the applicant on interim bail for the period of 60 days. The aforesaid order of learned Additional Session Judge was confirmed by the High Court of Delhi in its order dated 14.05.2020, vide Bail Application No.900/2020, Chander Prakash Wadhwa Vs. State (Govt. of NCT of Delhi and another).
6. Learned counsel for the applicant mentioned that in E.D. Case No.ECIR/06/PMLA/LKZO/2019, before Special Court of PML Act, Lucknow, applicant moved his regular bail application which is pending. Since applicant was fighting with physical problems, hence he moved an application for interim bail application in above ED Case No.ECIR/06/PMLA/LKZO/2019. Learned Special Judge, PMLA/Session Judge, Lucknow called report from jail authorities regarding the health condition of applicant. The Superintendent of District Jail, Lucknow with reference to the opinion of Senior Consultant of District Jail Hospital, Lucknow informed the court that prior to admission in jail, the applicant was under treatment for hypertension with cardiac and neurological problem associated with post operated distal fibula fracture. At present the applicant is in jail hospital for the investigation and treatment of his ailment. At present the health condition of the patient is satisfactory. Learned Session Judge/Special Judge, PMLA, considered the report of Jail Superintendent regarding the health condition of the applicant and rejected his interim bail application on 05.01.2021.
7. Per contra, the learned counsel for the Enforcement Directorate, learned Additional Solicitor General/Senior Advocate vehemently opposed the prayer of applicant. They submitted that applicant is an accused of social crime. At present he is under safety and security of jail authorities, who are monitoring his health condition as according to the report of jail authorities, the health condition of applicant is satisfactory. Learned Additional Solicitor General and Special Counsel for Enforcement Directorate have further submitted that applicant hereby challenging interim bail application rejection order of Special Judge, PMLA/Session Judge, Lucknow has prayed to release him on interim bail, whereas under Section 482 Cr.P.C. the Court has no jurisdiction to grant bail.