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IN THE HIGH COURT OF DELHI AT NEW DELHI
DHARMESH SHARMA, J.
Amit Katyal - Petitioner
Versus
Directorate Ofenforcement Government Of India – Respondent
Bail Appln. 2024 of 2024, Crl.M.A. 18285 of 2024
Decided on : 26-06-2024
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 Sleep Apnoea, Diabetes and Syncope. He was re-lodged in CJ07 on 01/05/2024. The recommended diet chart was forwarded to the Jail Superintendent for necessary action. (Annexure A1 & A2). On 03/05/2024, scheduled OPD was cancelled as he submitted an application complaining of multiple episodes of vomiting along with pain in the chest.
Subsequently in the evening the inmate visited jail dispensary with the complaint of Vomiting and Ghabarat after telephonic discussion with doctor he was provided with medication accordingly.
On 06/05/2024, the inmate patient visited the jail dispensary with the complaint of vomiting and acidity along with pain in the operated site. He was examined and was provided with medicines.
On 10/05/2024, the inmate patient visited jail dispensary with complaint for blood tinged vomiting along with pain abdomen for which he was given medication and was advised medication.
The patient was not relieved after which he was advised intravenous injectable.
On 11/05/2024, the inmate patient visited jail dispensary for the complaint of severe pain in lower abdomen for which he was referred to DDU Hospital Emergency. He was examined and ultrasonography was done which was suggestive of Grade 2 fatty Liver with Hepatomegaly. Further he was advised to continue the diet as advised after bariatric surgery. (Annexure A3) Multiple times the inmate visited jail dispensary with the complaints of vomiting, pain abdomen and blood streaks in vomitus for which he was prescribed medicine accordingly.
On 02/06/2024, the inmate patient visited jail dispensary for the complaint of vomiting for which patient was advised injectable but he took oral medication.
On the next day i.e., on 03/06/2024, the inmate patient complained of episodes of vomiting with trace of blood for which he was advised injectables but he took oral medication.
At present, the inmate patient is a Operated case of Bariatric Sleeve Gastrectomy and with history of Coronary Artery Disease, Diabetes Mellitus, Obstructive Sleep Apnoea, Hepatomegaly and Syncope with normal blood pressure & pulse and raised sugar levels, frequently intolerant to the food provided as per the diet advised at Medanta Hospital dated 23/04/2024 and complaining of multiple episodes of vomiting and with blood streaks on & off in the vomitus, along with pain abdomen, and epigastric pain. Following the diet which is tolerant is crucial for the process of hearing of the stomach.
This is for your information and onward submission.”
3. Learned Single Judge (Vacation Bench) in the order dated 07.06.2024 posed for adjudicating a short question as to whether the petitioner is entitled to interim bail on medical grounds? Alluding to the proviso to Section 45 (1) of the PMLA and the case law cited at the Bar by learned counsels for the p
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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