Case Law Details
Ramesh Chandra Vs Directorate of Enforcement (Delhi High Court)
Introduction: The recent decision by the Delhi High Court in the case of Ramesh Chandra Vs Directorate of Enforcement sheds light on the complex issue of granting bail on medical grounds under the Prevention of Money Laundering Act (PMLA). The court’s ruling clarifies that bail cannot be claimed as a matter of right solely for treatment at a specialized hospital. Here’s a detailed analysis of the judgment and its implications.
Detailed Analysis: The petitioner, seeking extension of interim bail on medical grounds, argued that his advanced age (above 85 years) and poor health necessitated specialized medical care, which couldn’t be provided adequately in jail. Despite the petitioner’s claims and medical reports from AIIMS highlighting his health concerns, the Medical Board opined that his condition could be managed in jail, albeit with monitoring for fall-related risks.
The court considered various legal precedents and medical opinions before concluding that bail for specialized treatment isn’t guaranteed under the PMLA. It emphasized that bail, even on medical grounds, must be assessed based on the seriousness of the ailment and its impact on the petitioner’s ability to carry out routine activities.
While extending interim bail, the court directed the jail authorities to ensure proper medical care for the petitioner, including evaluation and medication as per medical advice. However, it clarified that bail isn’t an automatic entitlement for treatment at a specialized hospital and must be granted based on the specific circumstances of each case.
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