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TMI Blog2024 (7) TMI 1169X X X X Extracts X X X X X X X X Extracts X X X X ..... he course of arguments, learned Senior Counsel for the applicant had prayed that in case interim bail is not granted to the applicant, he be allowed to get his surgery performed while being in custody, and learned Special Counsel for the Directorate of Enforcement had stated that he had no objection to this prayer made by the applicant. This Court notes that since the applicant had surrendered on 17.02.2024, after his extension application was rejected by the learned Trial Court vide order dated 16.02.2024, the date which was scheduled for the surgery of the applicant i.e. 26.02.2024 has already passed. Considering the medical condition of the applicant and medical documents filed on record, this Court is of the opinion that the present applicant can be allowed to undergo the required surgery while being in custody of the Jail Superintendent. However, a perusal of the documents filed on record also reveals that the date of surgery has not been re-scheduled which was earlier scheduled for 26.02.2024. Thus, the applicant will be at liberty to get the date of the surgery rescheduled and thereafter move a fresh application before this Court for seeking appropriate directions. Petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2024, the gall bladder removal surgery was performed on the wife of the applicant and, thus, the interim bail of the applicant was extended till 09.02.2024 by the learned Trial Court. The applicant had then instituted a fresh regular bail application before the learned Trial Court and on 08.02.2024, he had also moved an application seeking interim bail till the disposal of his regular bail application. The interim bail of the applicant was eventually extended till 13.02.2024 and then till 15.02.2024 by the learned Trial Court. On 16.02.2024, the interim bail application preferred by the applicant was dismissed by the learned Trial Court and he was directed to surrender on 17.02.2024 and, therefore, the present bail application was filed before this Court seeking extension of interim bail for a period of one month, and the prayer was later modified to grant of interim bail for a period of one month. 3. Learned Senior counsel appearing on behalf of the present accused/applicant argues that the ultrasound report dated 07.02.2024 and CT Scan report dated 13.02.2024 as well as other medical documents would clearly reveal that the wife of the applicant is absolutely unfit, and post her ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or tests or may require re-hospitalization in future, the applicant cannot be enlarged on interim bail for an indefinite period, since the needs and requirements of his wife can now be well taken care of by his parents or their other relatives. It is further argued that this Court in case of Sameer Mahandru v. Directorate of Enforcement 2023 SCC Online Del 6680 had discussed in detail the law on grant of interim bail on medical grounds in cases such as present one, and had dismissed the bail application of the present applicant on medical grounds. It is argued that the applicant is not suffering from any life threatening disease or medical condition for which he is again required to be enlarged on interim bail, and therefore, the present application ought to be dismissed. 5. Learned Senior counsel appearing on behalf of the applicant, in rebuttal, submits that without prejudice to his arguments advanced for seeking interim bail in this case, in case this Court is not inclined to grant interim bail to the applicant, he may be allowed to be taken to hospital of his choice for the purpose of performing surgery of his left knee, in custody of the jail authorities, so that his medical ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be entertained by the court. Hence, simply because his wife has to undergo some further medication or tests or may require re-hospitalization in future, the applicant cannot be kept on interim bail for an indefinite period as the said needs and requirements can well be taken care of by his parents or their other relatives. 18. Again, on considering the alleged grounds for extension of interim bail being sought by the applicant and the documents produced in support thereof, this court also gets a feeling that the above treatment and tests of his wife have unnecessarily been delayed and stretched so as to seek further extension of interim bail by the applicant and hence, this court is of considered view that no further extension of interim bail to him is warranted in light of the above facts and record. (Emphasis supplied) 8. In this regard, this Court is of the opinion that the applicant has already remained on interim bail for a period of about 43 days on the grounds of illness of his wife. The applicant s wife has already undergone a surgery for gallbladder removal on 22.01.2024, and the applicant has thereafter remained with his wife, to look after her needs as well as to ensure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ., and the relevant observations read as under: 20. In view of the above, a purposive interpretation of the proviso to section 45(1) shows that it has been incorporated as a lenient provision or to afford relaxation to a sick or infirm person as noted in the Statement of Objects and Reasons to PMLA. 21. Proviso to Section 45(1) PMLA is analogous to the proviso to section 437 CrPC. 22. Report No. 268 of the Law Commission of India ( LCI ) on bail reforms titled Amendments to Criminal Procedure Code, 1973 - Provisions Relating To Bail discusses the intent behind inclusion of the proviso in section 437 CrPC. The relevant extract of Report 268, LCI reads as under: L. Exceptions 11.34 Absolute restriction on granting of bail would undermine the right to liberty of the person accused of an offence. Therefore, when certain supervening and inexorable circumstances exist, bail must be allowed. If the person accused of an offence is suffering from serious life-threatening ailment and requires medical help which may not be available in jail hospitals, then the bail shall be granted. *** 24. The next question before me is - What is that level of sickness or infirmity that brings an Accused wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Singh (supra) held, The sickness contemplated by the proviso is a sickness which involves a risk or danger to the life of the accused person . 29. A combined reading of the PMLA Objects and Reasons, Finance Bill, 2018, the 268th LCI Report and above mentioned precedents indicates that the proviso to Section 45(1) PMLA is a relaxation for sick or infirm persons provided their sickness or infirmity is so grave that it is life endangering and cannot be treated by jail hospitals. 30. Though no straight jacket formula can be laid down as to what is the level of sickness that a person is to suffer to entitle him to bail under section 45(1) proviso, the thumb rule is that the sickness should be so serious that it is life threatening and the treatment is so specialized that it cannot be provided in the jail hospital. However, this is not an exhaustive parameter and each case will depend on its own peculiar facts and circumstances (Emphasis supplied) 19. Further, a Co-ordinate Bench of this Court in Sanjay Jain (in JC) v. Enforcement Directorate 2023 SCC OnLine Del 3519, while relying upon the observations in case of Kewal Krishan Kumar (supra), had also observed that power to grant bail on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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