The Delhi High Court has granted bail to Congress Leader DK Shivakumar in Money Laundering case on medical grounds.
A search under the Income Tax Act at the New Delhi, Safdarjung Enclave premises was conducted, in the response of which an amount of Rs 41,03,600 was recovered in cash, followed by a sanction to proceed u/s 276C(1) and 277 of the Income Tax Act and 120B of IPC. Thereafter, the Special Court, Bengaluru took cognizance and proceeded to register a complaint against the Petitioner u/s 276C(1) and 277 of the IT Act and Section 120B, 193 and 197 of IPC and thereafter Enforcement Directorate, Delhi issued summons to the Petitioner under PMLA.
The issue was hence whether the provisions of Prevention of Money-laundering Act can be invoked on the basis of Section 120B Indian Penal Code (conspiracy) alone since the offences under Sections 276C(1), 277 and 278 of the Income Tax Act are not scheduled offences under the PMLA.
It was submitted on behalf of the Department that he doesn’t meet the criteria of triple test for denying bail moreover, he is at the risk of fleeing from investigation or tampering with the evidence due to his position of being 7 time MLA, a public figure and having his roots in the society.
A Single Judge bench of Justice Suresh Kumar Kait held that the petitioner is entitled to bail on merits and medical grounds as well. He was arrested on September 3rd, 2019 and remained 15 days in the custody of respondent and thereafter in judicial custody. He remained 4 days in Hospital and that in ICU wherein Angiography was also performed on the petitioner.
It was hence held that the petitioner shall be released on bail with conditions as under:
He shall not influence the prosecution witnesses directly or remotely.
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