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TMI Blog2023 (10) TMI 1218X X X X Extracts X X X X X X X X Extracts X X X X ..... iance of the conditions enumerated therein, but who can be considered as a sick or what would be the level of sickness that would bring the accused within the parameters of sick has not been precisely defined or explained either in the PMLA or in any other act governing the provisions of bail. Normally, sick means suffering from disease or illness or unwell or ill and one who needs medication, but mere sickness, such as suffering from fever or illness which can be treated in the jail without any difficulty cannot be considered as sick so as to entitle the accused to bail in view of the exception to Section 45(1) of the PMLA. This Court is of the considered view that the sickness which are not only life threatening, but also serious and requires special medical attention and which the jail authority cannot provide in the jail would normally be considered as a ground for grant of bail to an accused by relaxing the strict compliance of Section 45(1) of the PMLA by giving benefit of the proviso appended thereto. Granting bail on mere sickness by extending the proviso appended to Section 45(1) of the PMLA will render the aforesaid proviso otiose. The pre trial detention of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PMLA which is punishable U/S. 4 of PMLA. It is stated in the complaint that soon after registration of the aforesaid police case, PMLA Case No.10 of 2022 was recorded against the Petitioner and others for commission of aforesaid offence under PMLA and the matter was investigated into by ED. It is also alleged in the complaint that the Petitioner and others had generated illegal income of Crores of Rupees through extortion by way of honey trapping rich and influential people and making their nude videos and threatening as well as blackmailing them for lodging false police cases and getting their nude videos viral in social media and, thereby, the income of the Petitioner and others are proceeds of crime as defined Under Section 2(1)(u) of the PMLA. This is how the complaint against the Petitioner and others came to be instituted for commission of offences Under Sections 3/4 of PMLA. 3. Heard, Mr.J.Pal, learned counsel for the Petitioner and Mr. G.Agrawal, learned counsel for the ED extensively. In support of their individual contentions, learned counsels for both the parties have filed short written notes of submission by relying upon the number of decisions, which would be disc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... both of an innocent person or a criminal liable to be punishment in the following words. .7. There can be no second opinion that preservation of human life is of paramount importance. That is so on account of the fact that once life is lost, the status quo ante cannot be restored as resurrection is beyond the capacity of man. The patient whether he be an innocent person or be a criminal liable to punishment under the laws of the society, it is the obligation of those who are in charge of the health of the community to preserve life so that the innocent may be protected and the guilty may be punished. Social laws do not contemplate death by negligence to tantamount to legal punishment. . 6. Keeping in view the aforesaid principle, this Court right now focuses to the proviso to Section 45(1) of the PMLA which was in fact carved out as an exception to empower and provide discretion to the Special Court to grant bail on humanitarian and medical grounds and, thereby, relaxing the strict compliance of the twin conditions enumerated in Section 45(1) of the PMLA, but the aforesaid discretion is required to be exercised in a judicious manner. The proviso to Section 45(1) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de in the jail would normally be considered as a ground for grant of bail to an accused by relaxing the strict compliance of Section 45(1) of the PMLA by giving benefit of the proviso appended thereto. Granting bail on mere sickness by extending the proviso appended to Section 45(1) of the PMLA will render the aforesaid proviso otiose. However, the aforesaid proviso may be invoked in genuine cases, where the sickness of the Applicant cannot be treated in jail and such sickness would endanger the life of the applicant. 10. Reverting back to the sickness ground of the Petitioner in this case, it appears that on being agreed by learned counsel for both the parties, this Court by an order requested the AIIMS, Bhubaneswar to constitute a medical board to examine the petitioner as to the necessity of Tracheostomy for him and in response to such request of this Court, the AIIMS, Bhubaneswar by showing good gesture for cause of justice had constituted a medical board of seven Doctors under the leadership of Professor Manash Ranjan Sahoo which board after examining the Petitioner and on going through the records co-relating the examination test findings of unanimous conclusion that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of crime generated by her as a result of criminal activity relating to schedule offence in his account and the Petitioner and his wife were alleged to have an immovable property i.e. residential building with an investment of Rs. 3.39 Crores whose present market value is assessed at 3.64 Crores and this is the main substratum of allegation against the Petitioner and his wife. The complaint under PMLA also refers to another FIR in Nayapalli P.S. FIR No. 646 of 2022, but the said FIR was registered only against coaccused, but not against the present petitioner and charge sheet was only submitted against co-accused Archana Nag. Besides, it is informed by learned counsel for the ED that the complaint in PMLA now stands posted for execution of warrant issued against co-accused, but the petitioner in the meanwhile has been detained in custody since 13.12.2022 being remanded and the case record against the petitioner has not been separated. Further, the petitioner was subjected to custodial interrogation by the ED. What is more significant is that the other reason that might delay the trial in this case is the fact that co-accused is yet to be arrested. In such situation, it is quite unc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (ii) The petitioner shall appear before the Court in seisin of the case on each and every date of posting without fail unless his attendance is dispensed with and in case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law, (iii) The petitioner shall deposit his Passport, if any, in the Court in seisin of the case till conclusion of trial, unless he is permitted to take back such Passport to use for specific purpose during the pendency of case. (iv) The Petitioner shall inform the Court as well as the ED as to his place of residence during the trial by providing his mobile number(s), residential address, e-mail, if any, and other documents in support of proof of residence. (v) In case the petitioner misuses the liberty of bail and in order to secure his presence, proclamation U/S.82 of Cr.P.C. is issued and the petitioner fails to appear before the Court on the date fixed in such proclamation, then, the learned trial Court is at liberty to initiate proceeding against him for offence U/S.174-A o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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