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SC raps ED for seeking cancellation of bail of accused suffering from cancer

A bench of Justices M R Shah and M M Sundresh imposed a cost of Rs 1 lakh to be borne by the officer concerned, who granted the permission to file the Special Leave Petition.

Supreme Court of India. (PTI/File)

The Supreme Court has rapped the Enforcement Directorate (ED) for filing a plea seeking cancellation of bail of an accused suffering from cancer, saying it should not have wasted “stationery, legal fees and the court’s time”.

The man, an employee of a private bank, was arrested in connection with an embezzlement case of Rs 24 crore.

A bench of Justices M R Shah and M M Sundresh imposed a cost of Rs 1 lakh to be borne by the officer concerned, who granted the permission to file the Special Leave Petition.

“The Department ought not to have filed such a Special Leave Petition wasting the stationery, the legal fees and Court’s time. The Special Leave Petition stands dismissed with exemplary cost, to be borne by the concerned officer, who granted the permission to file the Special Leave Petition, quantified at Rs 1,00,000, to be recovered from the salary of such an officer.

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“The cost to be deposited by the Department with the Registry of this Court within a period of four weeks from today. On such deposit, Rs.50,000/- be transferred to National Legal Services Authority, New Delhi and Rs.50,000/- to Mediation and Conciliation Project Committee, Supreme Court,” the bench said.

The agency had moved the top court against the November 12, 2021 order of the Allahabad High Court which had granted bail to the man, noting that he is suffering from malignancy.

The high court had requested the doctor concerned of the Kamla Nehru Hospital, Prayagraj to scan the applicant and submit a report on his health condition and the stage of cancer.

First published on: 28-10-2022 at 14:05 IST
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