PMLA Court grants interim Bail to CA for 10 days due to his Wife’s Injury [Read Order]

The Special Court under Prevention of Money Laundering Act (PMLA), Bombay granted  interim bail to CA for 10 days due to his wife’s injury.

The Applicant, Madan Gopal Chaturvedi prayed for temporary bail for a few days. The reason is that his wife slipped in the bathroom and fell on the hard bathroom floor and suffered grievous injury on her back, spine as well as head. Applicant’s acquaintance took her to the Axis Multispeciality Hospital. Where MRI scan and screening of the brain as well as the whole spine was undertaken. There was a substantial compression and injuries on L4-L5 of the spine and the same was revealed in an MRI report. She was discharged on the same date i.e. on 18.11.2021 with advice of bed rest. However, her back injury and pain was aggravated. Therefore on 21.11.2021 she was readmitted in Axis Multispeciality Hospital. Eversince she has been in the said hospital and suffering from Cerebral Concussion with Acute Prolapse Intervertebral Disc L4-L5 with cervical herniation. It is further contended that, she has difficulty in walking as sensation in left ankle. Applicant has two children who are completely dependent on his wife.

His son and daughter are attending their education online. In 2020 applicant’s elder son had suffered reciprocity problem and received treatment for the same. Applicant specifically contended that, due to these reasons he needs with children to assist and help them in their day-to-day activities. His children are completely alone as his wife is in the hospital and he has been jail since long i.e from 23.01.2021 till date. His family needs moral support as there is no one to look after them and the acquaintances have certain limitation. With this, it is prayed to allow the application on humanitarian ground.

Mr. Mihir Gheewala and Ld. Adv. Mr. Vivek Babar for the accused urged that, they are not praying any permanent bail.

The Spl. Judge under PML Act,  M.G. Deshpande noted that rhere 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 a 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 reflected from the application and medical papers.

“The applicant be released on temporary bail from 06.12.2021 till 15.12.2021, purely on humanitarian ground, to attend circumstances prevailed upon his family due to hospitalization of his wife, on his furnishing PR bond of Rs.50,000/- and cash security of like amount,” the court ordered.

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