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Case Law Details

Case Name : Hari Om Rai Vs Directorate of Enforcement (Delhi High Court)
Appeal Number : BAIL APPLN. 494/2024
Date of Judgement/Order : 16/02/2024
Related Assessment Year :
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Hari Om Rai Vs Directorate of Enforcement (Delhi High Court)

In a significant ruling, the Delhi High Court granted interim bail to Hari Om Rai, the Managing Director of Lava International, in a case under the Prevention of Money Laundering Act (PMLA), highlighting the court’s consideration of health and medical grounds in legal proceedings.

Hari Om Rai, implicated in a PMLA case, sought interim bail citing severe health issues. The court reviewed multiple medical reports, revealing Rai’s chronic conditions related to his heart and other health concerns. Despite being in judicial custody, Rai’s health deteriorated, evidenced by repeated medical emergencies, including severe chest pains and potential hip fractures, which the jail dispensary and referral hospitals could not adequately address.

The Directorate of Enforcement opposed the bail, arguing that Rai’s condition didn’t warrant release. However, the court observed the urgency and criticality of Rai’s cardiac issues, which posed a life-threatening risk requiring specialized care unavailable in jail facilities. The court emphasized that coronary diseases necessitate immediate and specialized treatment to prevent fatal outcomes, thus categorizing Rai under the “sick” proviso of Section 45 of the PMLA, allowing for bail consideration.

The Delhi High Court’s decision to grant interim bail to Hari Om Rai underscores the judiciary’s responsibility to balance legal proceedings with the fundamental rights of individuals, especially concerning health and medical care. By prioritizing Rai’s right to adequate treatment, the court reaffirmed the essential principle that health and life take precedence over procedural legalities, especially in cases involving serious medical conditions. This ruling sets a precedent for considering health grounds in legal decisions, ensuring that individuals receive the necessary care and treatment, irrespective of their legal predicaments.

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