The court held that bail may be granted under Section 45(1) of PMLA for sick or infirm individuals, emphasizing humane considerations in light of critical health conditions.

ORDER :

N.J. Jamadar, J.

1. The applicant, who is arraigned in Special Case No.1728 of 2023 arising out of ECIR/MBZO-II/29/2023 registered by the Directorate of Enforcement – Respondent No.1 for having committed offences punishable under Section 4 of the Prevention of Money Laundering Act, 2002 (‘PMLA’) on the basis of a predicate offence bearing FIR No.RC0742023E0004 for the offences punishable under Sections 120B, 420, 409 of IPC and Sections 13(2) read with 13(1)(c) and 13(2) read with 13(1) (a) of the Prevention of Corruption Act, 1988 at CBI, BS&FB Delhi, has preferred this application for bail on medical ground.

2. The application proceeds on the premise that the applicant and his wife, Anita, suffer from terminal cancer. The applicant is both sick and infirm, and, therefore, covered by the first proviso to Section 45(1) of the PMLA. As the applicant seeks to be enlarged on bail by invoking the first proviso to Section 45(1) of PMLA on medical grounds, it may not be necessary to note the background facts, elaborately.

3. It may be suffice to note that the allegations in FIR No.RC0742023E0004 are that the applicant in connivance with the other accused persons deceived Banks by siphoning off the funds with the help of the subsidiaries of M/s. Jet Airways (India) Ltd., by showing bogus expenses and personal expenses, and, thereby caused wrongful loss to the tune of Rs.538.62 Crores to Canara Bank and Rs.190.04 Crores to the erstwhile Syndicate Bank.

4. At the outset, it must be noted that though in the application, the applicant has made averments touching upon the merits of the prosecution for the offence punishable under Section 4 of PMLA, yet, during the course of submissions, the prayer for bail was premised solely on the medical condition of the applicant and his wife, Anita. On this score, the substance of the application is that the applicant has been admitted in Sir H.N.Reliance Hospital as he is critically ill. The applicant is suffering from duodenal cancer, treatment for which is complicated. Anita, wife of the applicant has also been suffering from severe cancer, and despite multiple surgeries, the cancer has recurred. Critical state of health of the applicant’s wife is exacerbating the mental condition of the applicant.

5. A reference is made to the orders passed by the learned Special Judge, PMLA, various medical reports and the advice of the medical professionals regarding the progress of the disease which the applicant is suffering from, line of treatment, challenges therein and the constraints which the applicant faces on account of incarceration. The applicant avers that the detention of the applicant, in the situation in which the applicant finds himself on account of his health and that of his wife, would be in gross violation of the right to life guaranteed under Article 21 of the Constitution of India. Therefore, as the applicant does not, otherwise, pose any flight risk, there is no possibility of tampering with evidence, and the applicant has firm roots in the society, the applicant be released on bail on medical ground.

6. I have heard Mr. Harish Salve, learned Senior Advocate for the Applicant, and Mr. Venegaonkar, learned Special PP for Respondent No.1 at some length. The learned Counsel took the Court through the material on record, especially the medical reports and the order passed by the learned Special Judge, PMLA.

7. Mr. Salve, learned Senior Advocate for the applicant submitted that, at this stage and in this application, the applicant does not propose to controvert the fact that there are allegations against the applicant. Nonetheless, the situation in life of the applicant and his wife is such that the statutory restrictions in the matter of grant of bail incorporated in Section 45(1) of the PMLA, are required to be humanized by resorting to the proviso to sub-Section (1) of the PMLA. Mr. Salve urged that the situation warrants most humane consideration. The wife of the applicant has been sufferi