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UDAY UMESH LALIT, ANIRUDDHA BOSE, SUDHANSHU DHULIA
P. Varavara Rao – Appellant
Versus
National Investigation Agency – Respondent
ORDER
CRIMINAL APPEAL NO. 1206 OF 2022 (Arising out of SLP (Crl.) No. 5913 of 2022)
1. Leave granted.
2. This appeal challenges the judgment and order dated 13.04.2022 passed by the High Court of Judicature at Bombay in Interim Application No. 2018 of 2021 in Criminal Appeal No. 52 of 2021 preferred by the present appellant.
3. The appellant, presently 82 years of age, was kept in house arrest on 28.08.2018, where after regular custody was obtained by ACP Swargate, Pune on 17.11.2018 in connection with the instant crime. The police thus had the benefit of custodial interrogation though we are not strictly concerned with that facet of the matter as the instant case revolves around the issue of grant of bail on medical condition of the appellant.
4. By order dated 22.02.2021, the Division Bench of the High Court of Bombay while considering Criminal Appeal No. 52 of 2021 and Criminal Writ Petition Nos. 63 and 64 of 2021 noticed certain salient features including the medical condition of the appellant in paragraph 72 of its order. Said paragraph 72, for facility, is quoted hereunder:
"72. We have perused the entire record in detail and we find that certain undisputed facts can be deduced, wh
The main legal point established in the judgment is that the court has the authority to grant bail on medical grounds, even in cases involving statutory restrictions, if the circumstances warrant suc....
Permanent bail on medical grounds overrides statutory bail restrictions when severe health conditions justify such relief.
(1) Bail – Basic human rights cannot be denied to a person even though he remains confined in jail as per procedure established by law – Statutory restrictions like one found in Section 43D(5) of UAP....
The main legal point established is that a person who is sick or infirm, as defined under Section 45 of the PMLA, may be entitled to seek bail based on their medical condition.
The urgency and criticality of life-threatening medical conditions can warrant interim bail under Section 45 of PMLA, especially when specialized care is unavailable in judicial custody.
Bail – Section 436-A of Cr.P.C. does not exclude offences under NDPS Act – Deprivation of personal liberty without ensuring speedy trial is not consistent with Article 21.
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