DINESH KUMAR SHARMA
P. Sarath Chandra Reddy – Appellant
Versus
Directorate of Enforcement – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 10307/2023 (for exemption)
Exemption allowed subject to just exceptions.
The application stands disposed of.
BAIL APPLN. 1266/2023 & CRL.M.(BAIL) 561/2023
1. Present bail application has been filed with the following prayer:
a) Enlarge the petitioner on regular bail in ECIR/HIU-II/14/2022 on such terms and conditions as this Hon'ble Court may deem fit and proper;
2. During the course of submissions, Mr.Vikas Pahwa, learned senior counsel appearing for the petitioner has submitted that he had filed an additional affidavit regarding the medical condition of the petitioner himself. Learned senior counsel submits that though initially bail was sought on the merits but however in the interregnum period, the health condition of the petitioner has deteriorated and the medical record which is being furnished shows that the petitioner is sick and infirm.
3. Mr.S.V.Raju, learned Additional Solicitor General confirms that copy of the additional affidavit has been supplied to them and the same have been verified and found to be genuine. Learned ASG further submits that though they oppose the application on merits but however in view the medical con
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 judgment established that severe health conditions, including life-threatening diseases and inability to perform routine activities due to infirmity, can qualify for interim bail on medical groun....
The court interpreted the proviso to section 45(1) of the PMLA and determined the eligibility for bail based on the Applicant's medical condition, distinguishing between being 'sick' and 'infirm'. Th....
Bail on medical and humanitarian grounds – Merely because a person is an undertrial or even a convict, lodged in jail, this facet of right to life cannot be curtailed.
The discretion to grant bail on medical grounds should be exercised judiciously, guided by principles of law and after recording satisfaction that necessary circumstances exist warranting such a disc....
The court recognized health conditions as sufficient grounds for granting bail despite strict provisions of the Prevention of Money Laundering Act.
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.
The court clarified the 'sick and infirm' criteria under Section 45(1) of the PMLA, emphasizing that serious health conditions can warrant bail, overriding traditional restrictions related to the nat....
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.
Personal liberty must be preserved; serious medical conditions warranting special care can justify bail under the PMLA's proviso to Section 45(1).
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