CHANDRA DHARI SINGH
Sameer Mahandru – Appellant
Versus
Directorate of Enforcement – Respondent
JUDGMENT
Chandra Dhari Singh, J.
CRL. M.A. 10859/2023
1. The present application under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") read with Sections 45 and 65 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as "PMLA") has been filed by the applicant/petitioner seeking interim bail for the petitioner in relation to ECIR/HIU-II/14/2022 registered under Sections 3 and 4 of the PMLA, at PS CBI.
FACTUAL MATRIX
2. The petitioner formed a Partnership Firm "Indo Spirits" with one Arun Ramachandran Pillai and one Prem Rahul Manduri for the wholesale L-l license under the Delhi Excise Policy, 2021-22. As per the license, the company of the petitioner i.e., Indospirit Distribution Limited (wherein the petitioner had 38.27% shareholding) got 35% in the said firm, Arun Ramachandran Pillai got 32.5% and Prem Rahul Manduri got 32.5%. On 29th October 2021, the `Indo Spirits' applied for the Wholesale L-l License, and was granted the same on 8th November 2021, by Delhi Excise Department. The firm then commenced its business operations from 17th November 2021 in terms of Excise Policy 2021-22. During this period, several manufac
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 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....
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 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....
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.
Personal liberty must be preserved; serious medical conditions warranting special care can justify bail under the PMLA's proviso to Section 45(1).
The court recognized health conditions as sufficient grounds for granting bail despite strict provisions of the Prevention of Money Laundering Act.
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.
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.