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IN THE HIGH COURT OF DELHI AT NEW DELHI
DHARMESH SHARMA
Amit Katyal – Appellant
Versus
Directorate Ofenforcement Government Of India – Respondent
JUDGMENT
DHARMESH SHARMA, J.
CRL.M.(BAIL) 977/2024
1. The present application has been filed under Section 45 of the Prevention of Money Laundering Act, 2002[PMLA] r/w Section 439 of the Code of Criminal Procedure, 1973[Cr.PC] seeking interim bail on medical grounds by the applicant/accused.
2. Pursuant to the directions passed by this Court on 03.06.2024, the matter came up before the learned Single Judge (Vacation Bench) on 07.06.2024 and the Court considered the Status Report dated 07.06.2024 filed by the respondent as well as Medical Status Report dated 06.06.2024 filed on behalf of the Superintendent of Jail. Firstly, it would be apposite to refer to the Medical Status Report received from the Superintendent of Jail, which read as under:-
“D.No./SMO/CJ-07/2024/1159 Dated: 05-06-2024
Sub: Medical Status Report of Amit Katyal S/o Om Prakash Katyal.
As per the Medical Documents submitted, the inmate patient is an operated case of Bariatric Sleeve Gastrectomy on 09/04/2024 and is on Specified Diet Plan since 23/04/2024, with history of Coronary Artery Disease, Obstructive
The court ruled that interim bail on medical grounds is warranted when an inmate's health condition requires specialized treatment not available in jail.
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 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 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.
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.
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