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.
In the absence of an opinion of the experts it is difficult for this Court to come to the conclusion as to whether it is a case for grant of interim bail on the medical grounds. The Court cannot assume the role of an expert and make assessment of its own as regard the medical condition of the petitioner on the basis of medical records placed on the Court file.
At the same time, on humanitarian grounds, the medical condition of the petitioner as articulated in the affidavit of petitioner’s wife cannot be simply brushed aside given the fact that there is material on record suggesting that the petitioner is heart patient, as well as having spine related issues, besides other ailments.
Accordingly, the Director, All India Institute of Medical Sciences (AIIMS) is directed to immediately constitute a Medical Board of Doctors from minimum three different specialties having regard to the nature of ailments the petitioner is stated to be suffering from, for evaluating the medical condition of the petitioner.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
1. The present petition has been filed through the wife/ pairokar of the petitioner seeking enlargement of the petitioner on regular bail in connection 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 Ld. Special Judge (PC Act CBI-23), Rouse Avenue Courts, New Delhi.
2. During the pendency of the regular bail, the wife of the petitioner has filed an affidavit dated 22.05.2023 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.
3. In the affidavit of the wife of the petitioner, it is stated that the petitioner is aged about 57 years and is suffering from various pre-existing ailments like hypertension, depression and anxiety, obstructive sleep apnea, hyperlipidemia, diabetes, damaged mitral valve prolapse and has a history of soft teeth. It is also stated that the health condition of the petitioner has further worsened in jail and he has not been able to get proper treatment. The relevant part of the affidavit reads as under:-
