Medical hardship and low flight risk can justify bail in serious economic offences, with safeguards against misuse of liberty.

Medical exigencies can support bail under Section 439 CrPC even in serious economic offences where the accused has cooperated with investigation, surrendered the passport and shown no realistic risk of absconding or obstructing the trial. Chronic ailments requiring constant monitoring were treated as a relevant liberty concern, and the fact that prison records described the condition as stable did not make the hardship insignificant. With investigation completed and custodial interrogation no longer necessary, concerns about misuse of liberty or dissipation of proceeds of crime could be addressed through stringent bail conditions. Bail was granted subject to conditions.

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Issues: Whether bail should be granted under Section 439 of the Code of Criminal Procedure, 1973 on the basis of the petitioner's medical condition, prior cooperation with investigation, surrender of passport, and the absence of a real risk of absconding or obstructing the trial.

Analysis: The petitioner's chronic ailments, including diabetes, hypertension, cardiac problems and degenerative spondylosis, required constant monitoring and could not be treated as insignificant merely because the prison medical officer described the condition as stable. The record also showed voluntary return to India, surrender of passport, cooperation with investigators and completion of investigation, reducing any necessity for further custodial interrogation. Any apprehension that release might permit dissipation of proceeds of crime could be addressed by suitable conditions. Medical hardship and the absence of a realistic flight risk therefore justified release on bail.

Conclusion: Bail was granted in favour of the petitioner, subject to stringent conditions.

Ratio Decidendi: Medical exigencies, coupled with cooperation in investigation and no real likelihood of absconding, can justify bail even in serious economic offences, and apprehensions about misuse of liberty may be neutralized by appropriate conditions.

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