Delhi court rejects I-PAC director Vinesh Chandel's plea for interim bail

A Delhi court on Tuesday rejected political-consultancy firm I-PAC's co-founder and director Vinesh Chandel's plea seeking interim bail, saying it did not meet the threshold of exceptional humanitarian grounds. Chandel, who is in jail in a money-laundering case linked to an alleged coal scam in West Bengal, had sought the interim relief on the humanitarian ground of the deteriorating medical condition of his mother, who is suffering from 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 said the accused has placed reliance upon the medical condition of his mother, which has been duly verified by the investigating officer. ''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. She said dementia is a chronic and progressive ailment, and the documents annexed did not indicate any acute medical crisis of such immediacy that could not be managed through appropriate medical care and assistance. ''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. She underlined that interim bail on medical or humanitarian grounds must be based on clear, proximate and compelling necessity, and not on generalised assertions of hardship. ''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. She said no material was placed on record to show that the medical needs of the applicant's mother cannot be addressed through hospitalisation, professional care or support from other family members. ''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,'' the court said, dismissing the plea. A court here on April 23 sent Chandel to 14 days of judicial custody. On April 14, the court had allowed the Enforcement Directorate (ED) to quiz Chandel in its custody for 10 days, saying there are reasons to believe that he was actively involved in processes and activities connected with the generation, diversion and possession of proceeds of crime worth several crores. In a major action days ahead of the West Bengal Assembly polls, the ED arrested Chandel late on the evening of April 13 after questioning. Chandel is a law graduate from the National Law Institute University (NLIU), Bhopal, and a 33-per cent shareholder of I-PAC.

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