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TMI Blog2025 (1) TMI 683X X X X Extracts X X X X X X X X Extracts X X X X ..... rolled. Accordingly, accused is sick. The judgment in the matter of Manish Sisodia Vs. Directorate of Enforcement [ 2024 (8) TMI 614 - SUPREME COURT ], the Hon ble Apex Court has dealt with the issue of delay in commencement of the trial and has held that it violates Article 21 of the Indian Constitution and has granted bail to the said accused. In this matter, applicant/accused is in custody since 18 months and no sign of trial to start in near future and not possible of it to conclude in a short span of time. Punishment under PML Act, 2002 is maximum 7 years. Accused has already being in custody since 18 months. Long period of incarceration without chance of trial being commencing in near future itself dilutes the rigorous of twin condition of PML Act, 2002. In view of my aforesaid discussions, as applicant/accused is sick, therefore, his case squarely falls within proviso given beneath section 45(1) of PML Act, 2002. As there is inordinate delay in commencement of the trial, therefore, accused is entitled for release on bail under section 45 of PML Act, 2002. Conclusion - The applicant's medical conditions and the delay in trial commencement both justified granting bail. Bai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court and the Hon ble Bombay High Court. The complainant has relied upon the judgment in the matter Saumya Chaurasia Vs. Directorate of Enforcement in Criminal Appeal No.3840/2023. The complainant has pleaded that if the application of the applicant/accused seeking regular bail on the medical grounds or on the ground of long incarceration is allowed then there will be possibility that he will likely to evade due process of law on one or other ground and which shall hamper the further investigation and trial of the present case. It is also pleaded that there is every likelihood that approaching for bail on medical grounds by the applicant is part of calculated plan of action of the applicant to move out of judicial custody. Reference is made regarding act of the coaccused Vinay Aranha who while taking treatment has helped in escaping a drug Kingpin Lalit Patil from Sassoon Hospital, Pune. It is also pleaded that the present medical condition of the applicant is relevant while extending the benefit to the applicant under the proviso to section 45(1) of the PML Act, 2002 and thereby releasing him on bail. Hence, Ld. SPP prayed that dean of Sir J.J. Hospital be directed to form the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cal certificates for that period, it can be presumed that the applicant/accused was healthy. She has also submitted that there is no life threatening diseases to the applicant. His treatment can be done in Sir J.J.Hospital during custody, therefore, submitted for rejection of the application. 9. It is interesting that in this matter, both sides has relied upon judgment in the matter of Naresh Goyal Vs. Directorate of Enforcement and Anr. in Bail Application No.2494/2024 dated 11/11/2024. In para 3 the Hon ble High Court has reproduced its findings given while granting interim bail of which para 13 is reproduced for the sake of convenience as under- 13. Evidently, the Parliament has used the words, 'sick' or 'infirm' disjunctively. A person may be sick and infirm. A person can be 'infirm' without being 'sick'. However, it is not every kind of sickness which would justify the grant of bail lest the object behind prescribing stringent conditions in the matter of grant of bail would be frustrated if a person can be released on bail on the ground of sickness dehors the degree of seriousness of the ailment. It is in this context, the reports of the experts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd uncontrolled diabetic with HBAIC 9.3% and is deteriorating. Even the certificate shows that he suffers from 60% permanent disability. He is advised to take diabetes medicine regularly and undergo physiotherapy daily and is required to take support while walking. 14. At the instance of Ld. SPP, medical report was called from the Superintendent of Sir J.J.Group of Hospitals. Accordingly, on 6/1/2025, Superintendent of Sir J.J. Group of Hospitals has submitted its report which is reproduced as under- Patient Mr. Amar Saduram Mulchandani, 66 years old male had visited Sir J.J. Hospital Neurology OPD 17 last week with complaints of bilateral lower limbs pain and weakness with history type 2 diabetes for many years. On examination he was found to have length dependent peripheral neuropathy affecting all four limbs with wasting of proximal muscles of lower limbs due to diabetic amyotrophy. Report available with him confirmed the Diagnosis. He was advised extensive physiotherapy for rehabilitation. Patient is advised regularly physiotherapy and adequate glycemic control for control and management of his diabetic neuropathy and amyotrophy, patient needs periodic follow up with physician ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ml/minute with uncontrolled blood sugar. He is a diabetic patient. It has also affect his vision. He is suffering from hyper tension, heart disease. He cannot walk without support. Accordingly, applicant/accused who is sick person, his case squarely falls within proviso given beneath section 45 (1) of PML Act, 2002. 19. During arguments, Ld. Sr. Counsel for the applicant/ accused has submitted that applicant/accused was arrested on 1/7/2023, till date charge has not been framed. Investigation is still going on. As such, no possibility of commencement and conclude of the trial. Therefore, he has submitted that his right of speedy trial has given under Article 21 of the Indian Constitution gets violated. 20. Ld. SPP has submitted that there is no delay on the part of the complainant. Complainant is ready to proceed with the trial. 21. The judgment in the matter of Manish Sisodia Vs. Directorate of Enforcement reported in 2024 SCC OnLine SC 1920, the Hon ble Apex Court has dealt with the issue of delay in commencement of the trial and has held that it violates Article 21 of the Indian Constitution and has granted bail to the said accused. In this matter, applicant/accused is in custo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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