Granting bail on medical grounds u/s 45(1) of PMLA is discretionary

Sanjay Jain (IN JC) Vs Enforcement Directorate (Delhi High Court)

Delhi High Court held that the power to grant bail on medical grounds under the first proviso to Section 45(1) of the Prevention of Money Laundering Act, 2002 (PMLA) is discretionary. Accordingly, court directed AIIMS to evaluate medical condition of the petitioner.

Facts- The present petition has been filed through the wife/ pairokar of the petitioner seeking enlargement of the petitioner on regular bail in connection with with ECIR No. DLZO-I/43/2021 dated 20.05.2021 in Ct. C. No. 17/2021 titled as Directorate of Enforcement v. Amarendra Dhari Singh &Ors, pending before the Court of the Special Judge, New Delhi.

During the pendency of the regular bail, the wife of the petitioner has filed an affidavit praying for grant of interim bail to the petitioner on medical and humanitarian grounds for a period of 3 months alleging precarious health of the petitioner.

Conclusion- The power to grant bail on medical grounds under the first proviso to Section 45(1) of the Act is discretionary, therefore, the same has to be exercised in a judicious manner guided by principles of law after recording satisfaction that necessary circumstances exist warranting exercise of such a discretion.

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