Lovee Narula v. Directorate of Enforcement

1. The present application is filed for grant of interim bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) and Section 45 of the Prevention of Money Laundering Act, 2002 (‘PMLA’) for a period of forty five days on humanitarian ground to enable the Applicant to attend to his critically ill mother, Smt. Parvesh Narula and to make necessary arrangements for her continued medical treatment, including MRI scans, consultations, hospitalisation, surgical intervention, and rehabilitation.

2. The Applicant is accused in case bearing ECIR/DLZ0-11/03/2024 dated 16.03.2024 registered under Sections 3 and 4 of PMLA. The Applicant is presently in judicial custody and had earlier approached the learned Sessions Court, Tis Hazari Courts, Delhi (‘Sessions Court’) by way of an application under Section 483 of the BNSS read with Section 45 of the PMLA for grant of interim bail for a period of thirty days on the same grounds as mentioned in the present application. However, the Sessions Court vide order dated 13.05.2025 dismissed the application for interim bail and instead granted custody parole for a duration of six hours solely for the limited purpose of accompanying Applicant’s mother to a hospital/diagnostic centre. The Applicant did not avail the custody parole and instead has preferred the present application.

3. It is the case of the Applicant that, on 21.04.2025, Applicant’s mother, Smt. Parvesh Narula aged approximately 55 years met with an accident and fell from the stairs of a temple located in Faridabad, Haryana. She was immediately taken to Max Stone & Surgical Centre, Faridabad where she was subjected to clinical examination and radiological tests and x-ray was also undertaken, which revealed a fracture in the lumbar spine region and further investigations indicated a partial collapse of the D-11 and L-1 vertebrae.

4. This Court vide order dated 27.05.2025 issued notice and granted time to the Special Counsel for the Directorate of Enforcement to file the status report within a week and listed the matter on 02.06.2025 before the Vacation Bench.

5. On 02.06.2025, the learned Senior Counsel appearing for the Applicant sought time to place on record the latest medical documents pertaining to the mother of the Applicant in order to support the contentions raised for seeking interim bail on medical condition of Applicant’s mother. Accordingly, the matter was listed on 09.06.2025 before the Vacation Bench.

6. Mr. Arkaj Kumar, Standing Counsel for the Respondent has submitted a status report dated 09.06.2025 and the same is taken on record.

7. Mr. Amit Chadha, learned Senior Counsel appearing for the Applicant submits that the Applicant is the sole male family member available to attend to his mother as Applicant’s sister lives in Australia. Due to Applicant’s non-availability, no substantive progress has been made in his mother’s treatment and her health continuous to deteriorate owing to the absence of necessary medical treatment.

8. It is further submitted that the Applicant was granted interim bail by this Court on previous occasions vide order dated 12.09.2024 which was extended vide orders dated 07.10.2024, 14.11.2024, 18.11.2024, 19.11.2024, 25.11.2024, 03.12.2024, 11.12.2024 and 23.12.2024. Thereafter, this Court, vide order dated 28.01.2025, dismissed the regular bail application of the Applicant. Vide order dated 07.02.2025, the Hon’ble Supreme Court declined to interfere with the order of this Court dismissing the regular bail application. Accordingly, the Applicant surrendered on 17.02.2025.

9. On 28.03.2025, this Court granted interim bail to the Applicant for a period of ten days on the ground of critical health of Applicant’s father. Subsequently, on 08.04.2025, the interim bail granted to the Applicant vide order dated 28.03.2025 was extended for a period of two weeks as his father passed away on 03.04.2025. It was further submitted that the Applicant had surrendered in compliance of the orders passed by this Court previously granting the interim bail to the Applicant. Accordingly, the Applicant is ready to abide by all conditions as may be imposed by this Court and further undertakes to surrender before the concerned jail authorities upon expiry of the interim bail period.

10. Mr. Arkaj Kumar, learned Standing Counsel for Directorate of Enforcement has relied upon the verification report dated 09.06.2025 in compliance of order dated 02.06.2025 passed by this Court. As per the said status report, it is verified that the mother of the Applicant is residing alone with a maid who looks after the mother of the Applicant. The status report further verified the medical documents pertaining to the mother of the Applicant. As per the response dated 04.06.2025 received from Rao Tula Ram Memorial Hospital, Jaffarpur, Delhi, it is observed that Smt. Parvesh Narula had visited the hospital as an OPD patient only once on 24.04.2025 and rest for one week was prescribed to her. She was never admitted to the hospital for any treatment. After one visit, she had never visited the hospital for any follow up visit or treatment. This shows that her medical condition is stable and there is no medical exigency/emergency which would require physical presence of the Applicant.

11. It was further submitted on behalf of the Respondent that although the Applicant was given a custody parole, he has wilfully failed to avail the said opportunity. It was further submitted that the ground of illness of a family member of the accused is not available under Section 45 of PMLA. It was also submitted that there is a categorical finding by this Court that if the Applicant is enlarged on bail, there is a possibility of evidence tampering and influencing the witnesses.

12. Mr. Amit Chadha, learned Senior Counsel appearing for the Applicant has relied upon the medical report placed on record to show that Applicant’s mother has suffered a fracture of partial collapse of D-11 and L-1 vertebrae. As per the x-ray reports, there is a specific observation regarding partial vertebral collapse of the lumbar spine, which is critical in nature. It is submitted that further advanced diagnostic such as MRI of the lumbar spine and surgical intervention for spinal stabilisation is required and for that, the presence of the Applicant will be necessary. As regards not visiting the OPD of the hospital after 24.04.2025, the learned counsel for the Applicant has submitted that in absence of any family member with the mother of the Applicant, she was unable to visit the doctor as she is bed ridden.

13. In this facts and circumstances and on humanitarian ground, the Applicant is granted an interim bail for a period of fifteen (15) days from the date of his release, subject to Applicant furnishing a personal bond of ₹1,00,000/-, with two sureties in the like amount to the satisfaction of the learned Trial Court/ CMM/ Duty Magistrate subject to the following conditions: i. The Applicant shall not leave the NCT of Delhi. ii. The Applicant is directed to give all his mobile numbers to the Investigating Officer and keep it operational at all times. iii. The Applicant shall not contact, nor visit, nor offer any inducement, threat or promise to any of the prosecution witnesses or other person acquainted with the facts of case. The Applicant shall not tamper with evidence nor otherwise indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial. iv. The Applicant shall report at the Police Station, Crime Branch, Delhi everyday between 4:00 PM to 6:00 PM. The concerned officer shall release the Applicant after recording his presence and after completion of all the necessary formalities. v. The Applicant shall surrender before the concerned Jail Superintendent after expiry of the period of interim Bail of 15 days.

14. Needless to state, any observation made hereinabove shall not tantamount to be an expression on the merits of the case before the learned Trial Court and has been made for the consideration of the interim Bail alone in the prevailing circumstances.

15. A copy of the order be sent to the concerned Jail Superintendent for information and necessary compliance.