2024 (11) TMI 131 - SC - Money Laundering

Money Laundering - predicate offence - bail sought on medical grounds - applicability of Section 45(1) of PMLA - HELD THAT - The proviso to Section 45(1) of PMLA specifically contemplates that a person who is sick or infirm may be released on bail if the Special Court so directs. The petitioner is 67 years old and has spent nearly a year and three months in custody. Based on the medical evaluation which has been provided by the Medical Team at Sir J J Group of Hospitals, Mumbai, it is evident that the petitioner fulfills the threshold required for being enlarged on bail. The petitioner is directed to be released on interim bail subject to such terms and conditions as may be imposed by the Special Court - SLP disposed off.

Summary

Issues:
Grant of bail on medical grounds under Section 45(1) of the Prevention of Money Laundering Act 2002.

Analysis:
The petitioner was arrested in connection with alleged offences under the PMLA based on a predicate offence. A second bail application on medical grounds was dismissed by the High Court. Subsequently, a medical evaluation was conducted by a team at J J Hospital, Mumbai, consisting of specialists from various departments. The medical report highlighted the petitioner's health conditions, including diabetic neuropathy, chronic kidney disease, ischemic heart disease, and proliferative diabetic retinopathy. The report recommended regular medication, assistance for daily living activities, and follow-ups with multiple specialists. The proviso to Section 45(1) of the PMLA allows for bail if the person is "sick or infirm." The petitioner, aged 67 and having spent over a year in custody, met the criteria for bail based on the medical evaluation. Consequently, the Supreme Court directed the petitioner's release on interim bail, subject to conditions set by the Special Court handling the case.

This judgment underscores the significance of medical grounds in bail applications under the PMLA. It emphasizes the need for a thorough medical evaluation to determine the petitioner's health condition and the impact of continued custody on their well-being. The court's decision to grant interim bail showcases a balance between legal proceedings and humanitarian considerations, ensuring that individuals with significant health issues receive necessary care while facing legal proceedings. The involvement of specialists from various medical fields in the evaluation process highlights the holistic approach taken to assess the petitioner's health status comprehensively. Overall, the judgment reflects a careful consideration of both legal provisions and medical evidence to arrive at a balanced decision in the interest of justice and human rights.