The Delhi High
Court on Friday granted interim bail for three months to Hari Om Rai, MD of
Lava International mobile company, in a money laundering case involving
smartphone maker Vivo.
Justice Swarana
Kanta Sharma gave relief to 57-year-old Rai on account of his
"life-threatening" heart disease, saying he must be given an
opportunity to be treated in the hospital of his choice.
"The
delicate balance between life and death in cardiac emergencies underscores the
importance for prioritization and specialized care required in such cases, for
mitigating the profound risks posed by these medical conditions.
"Each
passing moment in the face of cardiac distress is fraught with the peril of
irreversible harm, and in case of any eventuality that may occur in applicant
not getting proper and specialised treatment, this Court will have to bear the
weight of regret," the court said in the order.
The court asked
Rai to furnish a personal bond of Rs 1 lakh with one surety of the like amount
and to immediately surrender on the expiry of three months besides imposing
conditions like not leaving the country or influencing witnesses.
"This Court
is inclined to grant interim bail to the present accused/applicant for a period
of three (03) months," Justice Sharma ordered.
Arrested on
October 9 last year, Rai sought interim bail on the ground that he has a
history of heart related issues and his medical condition has deteriorated
severely in judicial custody.
The ED opposed
the plea and said his condition was not of such nature which would warrant
grant of interim bail on medical grounds.
Considering the
medical reports of the accused, the court opined that he cannot be treated in
jail.
"In these
circumstances, this Court is of the considered opinion that the applicant's
health condition is of such nature that it would fall within the category of
'sick' under Section 45 of PMLA and he must be given an opportunity to get
himself treated in the hospital of his choice," the court observed.
"The life
threatening nature of coronary artery disease or cardiac related issues cannot
be equated with other category of illnesses. Such medical conditions have the
potential to precipitate life-threatening events at any moment, and thus, they
stand unparalleled in their urgency and criticality," it said.
The ED has filed
a chargesheet against Chinese smartphone maker Vivo-India and others under
criminal sections of the Prevention of Money Laundering Act.
The central
agency has claimed the alleged activities of the accused enabled Vivo-India to
make wrongful gains that were detrimental to the economic sovereignty of the
country.
The anti-money
laundering agency had raided Vivo-India and people linked to it in July 2022
and claimed to have busted a major money laundering racket involving Chinese
nationals and multiple Indian companies.
The ED had then
alleged that a whopping Rs 62,476 crore was "illegally" transferred
by Vivo-India to China to avoid payment of taxes in India.
The company had
rejected the allegations, saying it "firmly adheres to its ethical
principles and remains dedicated to legal compliance.