Case Law Details
Madan Gopal Chaturvedi Vs Directorate of Enforcement (Special Court under P.M.L. Act, Bombay)
Admittedly, after praying for calling the opinion and medical papers of Dr. Umesh Shetty, and on going through all the papers Exh.4 (colly.) Ld. S.P.P has not submitted any objection that all these medical papers are fake which are given by Dr. Umesh Shetty to the family members of accused No.11 for extraneous consideration and not for medical considerations to facilitate them in obtaining favourable orders of bail, as referred in Abdul Rehman Alias Nawali Vs. State (Bail Application No.865/2020) as relied upon by ED in their say. Even otherwise there is no contention of ED that, by filing such fake medical papers and opinion of doctor, applicant wants to get himself released on temporary bail by hook or crook. Apart from this, doctor Umesh Shetty is renowned Orthopedic and ED has not produced any document or prima-facie evidence to show that, he is well-known for issuing fake medical certificates to various accused persons like the present one to facilitate them for getting favourable orders from the Court. Applicant has not applied for permanent bail. He knows well that on merit his application was rejected. Even he has not preferred any bail application before the Hon’ble High Court. There is no dispute about his role. Though maximum contentions raised 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.
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 father or bred winner is actually doing. One fine morning such person gets arrested and the family members cannot understand anything or the background or what crime their father/bred winner has made. Children of such accused who are born and brought up in moderately good background, have to face far reaching consequences for the act of their father. All this causes deep rooted impact on the family. In short, the families of economic offenders are completely unaware and blank about the conduct of their bred winners.
In the aforesaid background 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. I have already noted above 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.
Therefore, I am of the opinion that, application deserves to be allowed purely on humane grounds with certain specific stringent conditions on applicant.
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