The judgment established that severe health conditions, including life-threatening diseases and inability to perform routine activities due to infirmity, can qualify for interim bail on medical grounds under the proviso to Section 45(1) of the PMLA.

JUDGMENT

Chandra Dhari Singh, J.

CRL. M.A. 10859/2023

1. The present application under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") read with Sections 45 and 65 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as "PMLA") has been filed by the applicant/petitioner seeking interim bail for the petitioner in relation to ECIR/HIU-II/14/2022 registered under Sections 3 and 4 of the PMLA, at PS CBI.

FACTUAL MATRIX

2. The petitioner formed a Partnership Firm "Indo Spirits" with one Arun Ramachandran Pillai and one Prem Rahul Manduri for the wholesale L-l license under the Delhi Excise Policy, 2021-22. As per the license, the company of the petitioner i.e., Indospirit Distribution Limited (wherein the petitioner had 38.27% shareholding) got 35% in the said firm, Arun Ramachandran Pillai got 32.5% and Prem Rahul Manduri got 32.5%. On 29th October 2021, the `Indo Spirits' applied for the Wholesale L-l License, and was granted the same on 8th November 2021, by Delhi Excise Department. The firm then commenced its business operations from 17th November 2021 in terms of Excise Policy 2021-22. During this period, several manufacturers appointed the Firm, Indo Spirits, as their Wholesale Distributor in Delhi under the new Excise Policy. The New Excise Policy, 2021-22 came to be challenged on various grounds.

3. Subsequently, on 17th August 2022, CBI registered FIR No. RC0032022A0053 under Sections 120B and 477A of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and Section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as "PCA") on the complaint of the Lt. Governor, Government of National Capital Territory of Delhi (GNCTD) against the petitioner and other accused persons regarding irregularities committed in the framing and implementation of the excise policy of the GNCTD for the year 2021-22.

4. The CBI conducted searches on several premises in Delhi and across the Country, including the residential and business premises of the petitioner, which also led to seizures of the assets of the petitioner. Consequently, the Directorate of Enforcement (hereinafter referred to as "ED") registered an ECIR bearing No. ECIR/HIU-II/14/2022.

5. The role ascribed to the petitioner in the Prosecution Complaint is that there are advance kickbacks of around Rs. 100 crores that were paid to the public servants in this conspiracy between the political persons, and Government officers/officials causing a total loss of Rs. 2873 cores to the exchequer of GNCTD and the petitioner along with other accused have key roles in the commission of the offence of money laundering as they were involved directly or indirectly, in the process or activities relating to the above proceeds of crime or its concealment, possession, acquisition, use, and projections or claiming it to be untainted property.

6. The petitioner was arrested in the present case on 28th September 2022. The Ld. Trial Court took cognizance of the predicate offences vide its Order dated 15th December 2022 and of the offences alleged under the ECIR vide order dated 20th December 2022.

7. During the pendency of the Trial of matter arising out of the ECIR, the petitioner sought and was granted interim bail on 28th February 2023 on medical grounds for undertaking surgery for removal of gall bladder stones and for the treatment of his back pain and other ailments. Since the petitioner was advised to undergo another surgery for his lower back, he sought an extension of interim medical bail and the same was granted by the Ld. Trial Court vide order dated 18th April 2023 till 1st May 2023. The petitioner is on interim bail since 28th February 2023 yet in constructive judicial custody and by way of the instant application, he is seeking extension of his interim bail on account of his deteriorating medical condition.

SUBMISSIONS

On behalf of the petitioner

8. Mr. Vikas Pahwa, learned senior counsel appearing on