IMPORTANT POINT
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.

JUDGMENT

Swarana Kanta Sharma, J.

CRL.M.A. 4223/2024

1. The applicant has preferred an application i.e. Bail Appln. No. 494/2024 under Section 45 of Prevention of Money Laundering Act, 2002 ('PMLLA ') read with Section 439 of the the Code of Criminal Procedure, 1973 ('Cr.P.C.') seeking grant of bail in ECIR/STF/02/2022. By way of present application i.e. Crl.M.A. 4223/2024, filed under Section 482 of Cr.P.C., the applicant has sought interim bail on medical grounds.

2. Learned Senior Counsel appearing on behalf of the applicant argues that the applicant herein was arrested in the present case on 09.10.2023, and he is seeking release on interim bail, on medical grounds. It is argued that a bare perusal of the medical reports of the applicant make it apparent that the applicant has a chronic history of high triglycerides, cholesterol and related issues concerning his heart. It is stated that even prior to his arrest in October, 2023, he was consulting his doctors for treatments/procedures to mitigate his susceptibility to a stroke, heart attack and acute inflammation of the pancreas. It is stated that since his arrest, he has been taken to the jail dispensary several times complaining inter alia of shortness of breath, chest pains, etc., which makes it apparent that his medical issues are severe. It is further argued that the applicant had several medical emergencies in jail, and the jail authorities were unable to properly diagnose or treat the conditions and have stated that the applicant requires external cardiology, gastroenterology, and other specialist reviews and treatment, but such reviews are not being done in time. It is further pointed out that due to the worsening condition of the applicant, his dosage of statins has been doubled and he has been prescribed SOS medicines to control bouts of chest pain. It is vehemently argued that these ailments are not being treated effectively or in a timely manner, which presents a life-threatening situation for the applicant. It is stated that the applicant has a long history of irritable bowel syndrome, and his allergy report clearly show that he cannot eat basic food items such as wheat, rice, potato, dal, etc. and thus, he was recommended a special diet while in judicial custody. However, the special diet was only provided for a few weeks and the jail authorities are not providing him the diet prescribed in view of his medical conditions, and as a result, he has lost 15-16kgs of weight. Further, non-provision of the special diet prescribed to him has led to further loss of power and health and aggravation of his other medical conditions as mentioned above. It is further stated that due to the failure of the jail authorities to get the ultrasonography conducted till date, though it was advised on 19.12.2023, the lower urinary tract symptoms due to his enlarged prostate have increased leading to decrease in urine flow. It is also pointed out that the applicant had a severe fall on his hip in jail and is in severe pain, and the same has likely led to a fracture in his hip which needs to be diagnosed and treated. However, despite such a severe fall and pain, the applicant has not been sent for orthopedic review at a specialised centre by the jail authorities. It is contended that the applicant needs a regular attendant to be present with him at all times due to severe pain in his hip, shoulder and due to aforesaid medical conditions, and consequently, he cannot move around or take care of basic needs without an attendant which is not available in jail.

Learned Senior Counsel further submits that the medical condition of the applicant has deteriorated severely while in judicial custody, and his health must be given primacy, and it is his fundamental right to be given adequate and effective treatment by the doctors of his choosing, in whom he reposes trust and confidence. It is therefore argued that the applicant is entitled to the benefit of the proviso to Section 45 of PMLA, being a sic