Mehul Thakur v. Directorate Of Enforcement And ANR

1 2-IA-3890-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3890 OF 2022 IN CRIMINAL BAIL APPLICATION NO.4513 OF 2021 Mehul Thakur Applicant

Versus

Directorate of Enforcement and Anr.

Respondents ....

Mr. Amit Desai, Senior advocate a/w Mr. M. S. Mohite i/by Mr. Vivek Babar, Advocate for the Applicant.

Mr. Bharat Mirchandani a/w Aayush Kedia h/f Mr. Hiten S. Venegavkar, Special P. P. for ED/respondent No.1. Mr. Kuldeep Singh, ED Ofcer, present.

....

by DNYANESHWAR ASHOK ETHAPE Date: 2022.11.23 18:57:33 +0530 CORAM : PRAKASH D. NAIK, J.

DNYANESHWAR ASHOK ETHAPE DATE : 23rd NOVEMBER, 2022 PC :

1.

The limited relief sought in this interim application is to permit the applicant to travel to "Alpha Healing Center De-addition & Rehab Center", Gujarat, India from 30.11.2022 to 30.12.2022.

2.

Vide order dated 02.03.2022 passed by this Court, the applicant is directed to be released on temporary bail on medical grounds for a period of six months from the date of his release. The temporary bail was subsequently extended

2 2-IA-3890-2022.doc vide order dated 27.09.2022 till 31.01.2023. Interim Application No. 2851 of 2022 is pending in this Court. Clause (iii) of the operative part of order dated 02.03.2022 stipulate condition that the applicant shall not leave the jurisdiction of PMLA Special Court at Mumbai, on being released on bail and he shall reside within the said jurisdiction.

3.

Learned senior advocate Mr. Desai submitted that after consulting the doctors and the nature of ailment suffered by the applicant it is necessary that the applicant shall take treatment at "Alpha Healing Center De-addiction & Rehab Center", Gujarat, India. Therefore, he seeks permission to visit the said center during the aforesaid period.

4.

Learned advocate for respondent-Enforcement Directorate submitted that in the light of the previous order granting bail on medical grounds, the respondent have no objection for permitting the applicant to join rerehabilitation center during the period mentioned herein above. However, the applicant on completing the treatment at rehabilitation center shall return to Mumbai. He shall

3 2-IA-3890-2022.doc provide his contact number and details of treatment etc. including documents relating to the admission process for treatment at the said re-rehabilitation center. 5.

Considering the ailments suffered by the applicant, this Court vide order dated 02.03.2022 granted temporary bail to the applicant on medical grounds which is still in operation till 31.01.2023. In the light of document annexed to this application and the averment made in this application, there is no impediment in granting prayers sought in this application on certain terms and conditions.

ORDER

(i) Interim Application No. 3890 of 2022 is allowed. (ii) The applicant is permitted to travel to "Alpha Healing Center De-addiction & Rehab Center", Gujarat, India from 30.11.2022 to 30.12.2022 for taking appropriate treatment. (iii) The applicant shall provide details of his admission to the aforesaid re-rehabilitation center, contact number of relative accompanying applicant and itinerary during the said period to Enforcement Directorate.

(iv) The applicant shall return to Mumbai after completing the treatment at the aforesaid re-rehabilitation center and intimation about it be provided to respondent No.1. (v) Interim Application stands disposed off.

(PRAKASH D. NAIK, J.)