Top Stories Bail against PMLA offence cannot be claimed as a matter of Right for Treatment only at a Specialised hospital: Delhi HC [Read Order] The Court held that bail against the Prevention of Money Laundering Act (PMLA) offence cannot be claimed as a matter of right for treatment only at a specialised hospital By Yogitha S. Yogesh – On March 26, 2024 3:02 pm – 3 mins read The Delhi High Court held that bail against the Prevention of Money Laundering Act ( PMLA ) offence cannot be claimed as a matter of right for treatment only at a specialised hospital.
The Court directed the petitioner to surrender before the Superintendent Jail on 16.03.2024 and interim bail is extended till then on the same terms and conditions The petitioner, Ramesh Chandra applied for the extension of interim bail granted vide order on medical grounds with permission to file on record additional medical documents and facts. Counsel for the petitioner submitted that apart from the application for regular bail, an application for interim bail was preferred on behalf of the petitioner, whereby interim bail granted vide order dated 28.07.2022 on medical grounds has continued till date.
It was pointed out that after taking detailed note of the ailments suffered by the petitioner including the report from AIIMS, the interim bail was initially granted vide order dated 28.07.2022 and has continued since there has been no improvement in the condition of the petitioner. It is urged that the petitioner aged above 85 years form a distinct class and even the report of the Medical Board constituted by AIIMS, on the orders of this Court, reflects the poor condition of health of the petitioner. Counsel further emphasizes that the petitioner requires continuous monitoring and treatment which is not feasible in Jail.
It is also pointed out that vide order dated 28.07.2022, while admitting the petitioner to interim bail, conditions were imposed regarding his confinement to home, except to attend the Court hearings. Petitioner, one of the Directors of Unitech Limited, is involved in serious offences, involving the diversion of funds to the tune of about Rs.5,826 crore belonging to home buyers, who stand duped and are shelterless. The grant of bail is subject to rigours of Section 45 of PMLA, 2002 but may be considered on medical grounds under the first Proviso to Section 45 of the PMLA, 2002 on the satisfaction that necessary circumstances exist warranting the exercise of the discretion guided by the principles of law.
The sickness has to be serious and life-threatening and the treatment required is to be specialized which cannot ordinarily be provided in the Jail Hospital or custody. No straitjacket formula or parameters can be listed in this regard but each case needs to be examined in the light of medical reports and condition of the accused. Further, apart from old age, the ailment should be of a nature that incapacitates a person to perform his routine activities. Justice Anoop Kumar Mendiratta observed that the Petitioner has been granted the benefit of interim bail on medical grounds since 28.07.2022 which has continued from time to time till date for one and a half years. It needs to be assessed if the ailment suffered by the petitioner is of such a nature that it cannot be treated while keeping him in custody.
The Court directed the petitioner to surrender before the Superintendent Jail on 16.03.2024 and interim bail is extended till then on the same terms and conditions. Superintendent Jail is further directed to ensure that in case of any aggravation of the medical condition of the petitioner or if the circumstances so warrant, the petitioner shall be immediately referred to G.B. Pant Hospital or any other specialized government hospital for necessary treatment, ensuring the provision of necessary medical facilities as per jail rules. It was further held that “Also, in view of the decline of cognitive facilities, appropriate steps shall be taken as per medical advice for ensuring proper medication to the petitioner. Further, petitioner shall be evaluated occasionally for continuity of medical treatment and at least twice a week.”