New Delhi [India], September 22 (ANI): The Delhi High Court on Tuesday grated regular bail to Amitabh Jhunjhunwala in a money laundering case. He is former Group MD of Relience Anil Dhirubhai Ambani Group (ADAG). He was arrested on April 15 by the Enforcement Directorate (ED).
He has been granted bail in view of his medical condition. The high Court said that his case falls under the category of sick or infirm person and he is entitled to the benefit of the statutory exception.
Justice Madhu Jain granted bail to Amitabh Jhunjhunwala considering his medical condition subject to furnishing a bail bond of Rs. One lakh and two sureties bond in the same amount.
Justice Madhu Jain said, "Having regard to the totality of the circumstances, this Court is satisfied that the petitioner falls within the expression “sick or infirm” occurring in the
proviso to Section 45(1) of the PMLA.
"Medical record, when considered cumulatively, discloses a condition which materially affects the petitioner’s physical functioning and requires structured and continuing medical care," Justice Jain observed.
The Court was of the view that the petitioner is entitled to the benefit of the statutory exception.
" Accordingly, the petitioner is directed to be released on
regular bail, subject to the following conditions that The petitioner shall furnish a personal bond of Rs. 1 lakh and two sureties of like amount, to the satisfaction of the learned Trial Court," Justice Jain ordered on September 22.
The bench addressed that apprehension of ED regarding tampering with evidence or influencing witnesses by imposing stringent conditions.
The High Court said that the petitioner shall furnish his complete residential address and mobile telephone number to the Investigating Officer and the Trial Court and shall intimate any change. He shall not leave the country without the prior permission of the Court. He shall deposit his passport before the learned Trial Court, etc.
The bail application was opposed by senior advocate Zoheb Hossain appearing for the ED saying that Jhunjhunwala was the Group Managing Director of Reliance Anil Dhiru Bhai Ambani Group (ADAG). There is a siphoning of of Rs. 15000 crore through 39 shell companies. He was at the helm for 16 years.
His earlier bail was rejected by the trial court.
Senior Advocate Mahesh Jethmalani, Senior advocate Rebecca John appeared for Amitabh Jhunjhunwala. It was submitted that Jhunjhunwala's medical condition is not well.
It was submitted by senior advocate Jethmalani that Amit Jhunjhunwala's condition is serious and he had heart attack in the jail. All the medical documents have been annexed. He had his STE allevated.
It was also submitted that he had shooting pain in his hand on 6 occasion. There was no angiography was got done by the jail authorities.
Senior Advocate Zoheb Hossain alongwith Vivek Gurnani and Pranjal Tripathi appeared for ED and submitted that There is no difficulty in the treatment. He was given treatment in speciality hospital. He was sent to AIIMS. There are differences of reports of Private Hospital and Private hospital.
It was also submitted that there is no abnormal wall movement in the heart. There is referral hospital mechanism in the jail.
Senior advocate had submitted on the last date that Rs. 15000 crores were siphoned off at the instructions of Jhunjhunwala. He was group managing director of ADAG GROUP for 16 years. He was at the highest position in RHFL, RCFL. Let me file the response.
Jethmalani had questioned Who got the money. He has got nothing, not a single penny.
Hossain said that an investigation is still going on My friend wants me to disclose the entire Investigation.
Jethmalani had said that He (Jhunjhunwala) is in accute Medical condition. He is not able to walk properly.
On September 5, The Rouse Avenue Court had rejected the bail application of Amitabh Jhunjhunwala.
The court had said that apprehension of influence witnesses cannot be brushed aside. He is alleged to be the main architect of crime committed in this case. The ED has already filed a charge sheet against Jhunjhunwala and 54 otters including firms. (ANI)
RHFL, RCFL PMLA case : Delhi HC grants bail to Amitabh Jhunjhunwala considering his medical condition
