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This is an archive article published on March 3, 2022

Bombay High Court grants temporary bail for six months to Viva Group director Mehul Thakur

Mehul Thakur was arrested by Enforcement Directorate (ED) in January last year for allegedly diverting more than Rs 196 crore from Housing Development Infrastructure Limited (HDIL).

Bombay High Court (File)Bombay High Court (File)

The Bombay High Court on Wednesday granted temporary bail with strict conditions on medical grounds for six months to Mehul Thakur, director of Viva Group, run by the family of Vasai MLA and leader of Bahujan Vikas Aghadi Hitendra Thakur.

Mehul Thakur was arrested by Enforcement Directorate (ED) in January last year for allegedly diverting more than Rs 196 crore from Housing Development Infrastructure Limited (HDIL) to the group and transferring two properties worth Rs 34 crore of a company controlled by HDIL promoters to the group without any monetary consideration.

Mehul is the son of Deepak Thakur, a cousin of Hitendra Thakur.

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The court was informed that the applicant Mehul was diagnosed with vocal cord polyp and was required to undergo surgery.

A single-judge bench of Justice Prakash D Naik passed an order granting bail on health grounds to Mehul on executing a personal bond of Rs 1 lakh with one or more sureties in the like amount.

The court said that the applicant cannot leave the jurisdiction of the special Prevention of Money Laundering Act (PMLA) court, Mumbai, and asked him to surrender his passport before the ED or special court within one week from the release.

The court also asked the applicant to give his residence and contact details and attend trial proceedings before the special court as and when he is specifically summoned and can apply for exemption from personal appearance.

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The bench asked the applicant to attend the ED office whenever called for an investigation and said he shall not, personally or through any other person, make any attempt to meet witnesses in the case or tamper with the evidence.

While directing Thakur to surrender before a special court on expiry of six months, the court said that he would be at liberty to seek an extension of temporary bail if required, which would be decided on its merits by the court.

The court said that the Investigating agencies will be at liberty to make an application for cancellation of bail in case of breach of any of the conditions by Thakur.

Senior advocates Amit Desai and Manoj S Mohite representing Mehul Thakur told the court that his health condition had deteriorated and therefore he should be granted interim bail on medical grounds.

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In June last year, the court had rejected Thakur’s plea observing that the facility of counselling of the applicant by psychiatrist/psychologist may be continued. Thereafter, the special PMLA Court rejected Thakur’s plea for bail on merits and on medical grounds on October 23.

Thakur’s lawyers submitted that his medical condition worsened and during his incarceration, he had vomited blood for over a month. He was admitted to the state-run J J Hospital on November 2 last year and was discharged after three days. He was diagnosed with a left vocal cord polyp. The hospital advised surgery and subsequent reports revealed that the size of the nodule of the applicant was increasing.

Additional Solicitor General Anil Singh for ED on instructions from the officer submitted that the central agency had no objection for granting bail to Thakur in peculiar facts of the case. He added that while granting bail strict conditions be imposed on the applicant, which the bench accepted.

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