A Delhi court on Tuesday rejected the interim bail plea of I-PAC co-founder and director Vinesh Chandel, saying it did not meet the threshold of exceptional humanitarian grounds.
Chandel, in judicial custody in a money-laundering case linked to an alleged West Bengal coal scam case, had sought interim bail citing his mother’s deteriorating health due to dementia.
Additional Sessions Judge Shefali Barnala Tandon said, "It is settled law that the grant of interim bail, particularly in offences under the Prevention of Money Laundering Act (PMLA), is not to be treated as a matter of course and must be founded on compelling, immediate and exceptional circumstances."
"The rigours of section 45 (offences to be cognisable and non-bailable) of the PMLA, though primarily applicable to regular bail, cannot be rendered otiose by resort to interim relief in the absence of demonstrably-urgent grounds," the judge added.
The court noted that while the mother’s condition was verified, there was no sudden or life-threatening emergency requiring Chandel’s presence.
"While this court is not insensitive to the medical vulnerability of elderly parents, the material placed on record does not disclose any sudden or life-threatening medical emergency necessitating the immediate presence of the applicant/accused," the judge said.
Observing that dementia is a chronic illness, the court said the situation could be managed with proper care. It also pointed out the presence of other family members.
"Even, there is no dispute regarding the presence of other family members, including the applicant's wife and brother. Merely asserting that such persons are unable to provide care, without cogent supporting material, cannot be accepted as sufficient to conclude that no alternative arrangements are possible," the judge said.
Emphasising the seriousness of PMLA offences, the court said interim relief cannot be granted without compelling urgency, especially when regular bail is already pending.
"The allegations against the applicant/accused pertain to offences under the PMLA, which are serious in nature and involve economic offences affecting the financial system of the country. Even otherwise, the regular bail application is stated to be already pending consideration. This court does not find it appropriate to grant interim relief in the absence of circumstances of such gravity that would override the statutory considerations governing bail," the judge said.
Dismissing the plea, the court added, "The plea, therefore, does not meet the threshold of exceptional humanitarian grounds warranting interim bail. The grounds urged, though sympathetic, do not rise to the level of urgency or exceptionality required to justify such relief, particularly in the context of an offence under the PMLA."
Chandel was sent to 14 days of judicial custody on April 23. He was arrested by the Enforcement Directorate on April 13 after questioning in the case.
(With inputs from PTI)
