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DELHI HIGH COURT
JASMEET SINGH
Devki Nandan Garg – Appellant
Versus
Directorate of Enforcement – Respondent
| Table of Content |
|---|
| 1. background of money laundering case against sbfl. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. applicant's role as per the allegations outlined. (Para 11 , 12) |
| 3. medical condition of the applicant presented for bail. (Para 15 , 16 , 17) |
| 4. arguments presented by the respondent counsel emphasizing the applicant's involvement. (Para 22 , 24 , 28) |
| 5. determining the applicant's eligibility for bail under pmla. (Para 35 , 36 , 39 , 46) |
| 6. decision to grant bail to the applicant. (Para 47 , 48) |
JUDGMENT
Jasmeet Singh, J. This is an application filed seeking grant of regular bail to the applicant in the Complaint Case No. 20/2021 pending before learned Special Judge (PC Act), CBI-12, Rouse Avenue, District Courts, New Delhi titled `Devki Nandan Garg vs. Directorate of Enforcement' arising out of ECIR No. DLZO-1/12/2021.
2. It is stated that on 11.06.2020, a complaint was received from State Bank of India (SBI) and the Central Bureau of Investigation (CBI) registered case vide FIR RCO742020E0014 dated 31.12.2020 against M/s Shakti Bhog Foods Ltd. (hereinafter "SBFL") and others.
3. The offences mentioned in the FIR are under Section 120B read with Section 420 of the
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 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 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.
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 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....
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 ruled that interim bail on medical grounds is warranted when an inmate's health condition requires specialized treatment not available in jail.
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