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SWARANA KANTA SHARMA
Hari Om Rai – Appellant
Versus
Directorate of Enforcement – Respondent
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 in
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 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 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 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 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 court ruled that interim bail on medical grounds is warranted when an inmate's health condition requires specialized treatment not available in jail.
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.
Point of Law : Grant of bail on medical ground - Criminal breach of trust by public servant - Medical reports indicates that applicant had, in fact, suffered a cardiac attack in jail, Court deem it a....
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