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TMI Blog2024 (8) TMI 1470X X X X Extracts X X X X X X X X Extracts X X X X ..... annot be appreciated in isolation. An appropriate direction to the Superintendent, Central Prison, Mumbai, to provide the requisite assistance, whenever necessary, would meet the exigency of the situation. The concern expressed on behalf of the applicant that on account of logistical issues it may not be practicable to take the applicant to Sir J. J. Group of Hospitals for treatment regularly can also be addressed by issuing appropriate directions. The requirement of assistance either in the form of physical aids like wheelchair or walker, or human support, cannot be construed to be such an infirmity as to warrant the release on bail by invoking the proviso to Section 45(1) of the PMLA. To put in another words, there is not much qualitative difference in the condition of health of the applicant today and as it obtained when the first application was rejected. On the contrary, an inference may be justifiable that the health condition of the applicant has improved with treatment as an indoor patient for almost four months. It is not required to release the applicant on bail on medical ground. However, it is deemed appropriate to issue certain directions to ensure proper assistance an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Supreme Court declined to interfere with the aforesaid order and dismissed the SLP. Liberty was however reserved for the applicant to file fresh application for bail in case the applicant s health condition deteriorated. 5. Availing the aforesaid liberty, the applicant has preferred this application. In the order dated 30th July, 2024, this Court had noted the circumstances in which the applicant was permitted to have treatment at Lilavati Hospital, Mumbai, at his own expenses, and the medical reports submitted by Lilavati Hospital, periodically, recording the state of health of the applicant. This Court, inter alia, noted that inspite of the treatment of the applicant at Lilavati Hospital for over three months, the last report submitted by Lilavati Hospital assessed the condition of health of the applicant, more or less, similar to that as obtained on 26th April, 2024. The Court, therefore, considered it appropriate to shift the applicant to Sir. J. J. Group of Hospitals, so that a team of experts at Sir. J. J. Group of Hospitals evaluates the applicant s medical condition and submits a report to the Court. The observations in paragraphs 31 to 34 deserve extraction: 31. The pi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m of experts at Sir. J. J. Group of Hospitals, it may be expedient to extract the report of the committee, in extenso. It reads as under; Patient Mr. Amar Saduram Mulchandani, 66 years old male was admitted in Sir J. J. Hospital ward 4 in Department of Medicine on 04-08-2024 at 12.30 am. Mr. Amar is a known case of Diabetes Mellitus, Hypertension, Diabetic Neuropathy, Diabetic Nephropathy, Diabetic Retinopathy, Ischemic Heard Disease. The committee members examined him and went through his available laboratory investigation reports. Neurology Opinion: Mr. Amar Saduram Mulchandani has bilateral lower limb weakness, paresthesias because of diabetic neuropathy because of which he needs to take Diabetes medicine regularly, undergo physiotherapy daily. He needs assistance for his activities of daily living. He does not need hospitalization for his neuropathy and can be managed on OPD basis. Cardiology Opinion: Mr. Amar Saduram Mulchandani is knows case of Ischemic Heard Disease. His angioplasty was done in 2012. His Bypass surgery was done in 2021. At present his evaluation shows normal vital parameters. His ECG is suggestive of Left Bundle Branch Block. 2D Echocardiography is suggestiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng from. Mr. Kadam urged that the fact that the committee has opined that the applicant does not require hospitalization cannot be the sole determinative factor. The committee has opined in clear and unequivocal terms that the applicant needs assistance for his activities of daily living. This assessment, according to Mr. Kadam, underscores the seriousness of applicant s infirmity. Mr. Kadam laid particular emphasis on neurology opinion. The neurologist has opined that the applicant is required to take diabetes medicine regularly and undergo physiotherapy daily. The applicant needs assistance for his activities of daily living. 10. Mr. Kadam further urged that when the first application was rejected by this Court the renal ailments, the applicant has been suffering from, were not considered. Since the Nephrologist opined that the applicant is suffering from kidney disease stage III-B GFR 40ml/minute, which is an irreversible condition, according to Mr. Kadam, these twin factors pose a grave risk to the life and health of the applicant, if he is sent back to prison. There is an imminent risk of aggravating cardiac problem as the applicant is a known case of Ischemic Heart Disease. M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of Kewal Krishan Kumar (supra), this Court had observed as under: 29. The legal position as regards the grant of bail in matters where the person is accused of an offence punishable under PMLA is fairly crystalized. Sub section (1) of Section 45 of PMLA contains an interdict against the grant of bail to a person accused of an offence punishable under PMLA, unless the twin test envisaged thereby, namely, opportunity to oppose the prayer for bail and satisfaction of the Court that there are reasonable grounds for believing that the applicant is not guilty of such offence and he is not likely to commit any offence while on bail is recorded. The first proviso however empowers the Court to release the person on bail who is under 16 years or is a woman or is sick or infirm. The limitations in the matter of granting bail under section 45(1) are in addition to the restrictions contained in the Code or any other law. 30. On its plain reading, it is abundantly clear that grant of bail by invoking the first proviso is in the discretion of the Court. However, as is the case with exercise of discretion in any matter, such discretion is required to be exercised in a judicious manner. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... committee of experts, extracted above. First and foremost, it is necessary to note that the committee has opined in no uncertain terms that the applicant does not need hospitalization, at present. The applicant can have follow up treatment for the ailments he is suffering from, in the respective specialities, at regular intervals, on OPD basis. It is thus clear that, at this stage, the applicant does not require hospitalization and/or institutionalized treatment for any of the ailments he is suffering from. Secondly, it would be relevant to note that the applicant sought permission for treatment at a private hospital on the ground that he had suffered a mild heart-attack. The committee, especially the cardiologist, has clearly opined that at present the cardiac evaluation of the applicant shows normal vital parameters. 2D Echocardiography is suggestive of normal left ventricular systolic function with ejection fraction of 60%. At present the applicant has no acute cardiac complaints. Thirdly, the Nephrologist has opined that the applicant has chronic kidney disease stage III-B GFR 40ml/minute and the said condition is irreversible, yet, from nephrological point of view what is req ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anagement and physiotherapy. 18. Thus, the assessment that the applicant requires assistance for his daily activities cannot be appreciated in isolation. An appropriate direction to the Superintendent, Central Prison, Mumbai, to provide the requisite assistance, whenever necessary, would meet the exigency of the situation. The concern expressed on behalf of the applicant that on account of logistical issues it may not be practicable to take the applicant to Sir J. J. Group of Hospitals for treatment regularly can also be addressed by issuing appropriate directions. 19. The requirement of assistance either in the form of physical aids like wheelchair or walker, or human support, cannot be construed to be such an infirmity as to warrant the release on bail by invoking the proviso to Section 45(1) of the PMLA. To put in another words, there is not much qualitative difference in the condition of health of the applicant today and as it obtained when the first application was rejected. On the contrary, an inference may be justifiable that the health condition of the applicant has improved with treatment as an indoor patient for almost four months. 20. I am, therefore, not inclined to rel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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