2021 (9) TMI 1360 - SCH - Money Laundering

Supreme Court Upholds Temporary Bail for Medical Treatment in PMLA Special Case

The Supreme Court upheld the High Court's decision to grant temporary bail for four months to a petitioner in a PMLA Special Case for medical treatment, ... Seeking grant of bail - Sessions Court granted bail to the petitioner on medical grounds by taking note of the first proviso to Section 45(1) of the PML Act - After a detailed consideration of the report of the medical board, the High Court was of the considered view that the petitioner was not entitled to grant of permanent bail. However, temporary bail for two months was granted to enable the petitioner to receive treatment for his ailments. HELD THAT:- There is no error committed by the High Court in interfering with the order passed by the Sessions Court. However, taking note of the submissions made by Mr. Luthra about the treatment of the petitioner, we grant temporary bail to the petitioner for a period of four months from today. It is made clear that no application for extension of bail shall be entertained by this Court. The temporary bail granted to the petitioner is subject to the conditions that were imposed by the High Court in its Order dated 05.05.2021 - SLP disposed off. Issues:1. Bail application under Section 439 Cr.P.C. read with Section 45 of the Prevention of Money Laundering Act, 2002.2. Grant of bail on medical grounds under the first proviso to Section 45(1) of the PML Act.3. Interference by the High Court with the Sessions Court's bail order.4. Examination by a medical board and its report.5. Entitlement to permanent bail for a sick accused.6. Surgical interventions and treatment requirements for the accused.7. Decision on temporary bail duration and conditions.Analysis:1. The petitioner filed a bail application under Section 439 Cr.P.C. read with Section 45 of the Prevention of Money Laundering Act, 2002, seeking release in a PMLA Special Case. The Sessions Court granted bail to the petitioner on medical grounds, citing the first proviso to Section 45(1) of the PML Act.2. The High Court, after examining a medical board report, concluded that the petitioner was not entitled to permanent bail but granted temporary bail for two months to allow the petitioner to undergo necessary medical treatment. The petitioner argued for permanent bail based on his health condition and the need for continuous treatment, including spinal surgery.3. The High Court's decision to interfere with the Sessions Court's bail order was challenged by the petitioner, contending that the High Court overlooked the first proviso to Section 45(1) of the PML Act, which allows bail for sick accused without restrictions. The Additional Solicitor General argued that the required surgical interventions were minor, and permanent bail was not warranted.4. Considering the submissions and medical records, the Supreme Court found no error in the High Court's decision to interfere with the Sessions Court's order. However, acknowledging the petitioner's treatment needs, the Supreme Court granted temporary bail for four months, emphasizing that no extension of bail would be entertained and the conditions imposed by the High Court would apply.5. The judgment highlights the importance of balancing medical needs with legal provisions regarding bail, specifically in cases involving the health of the accused. The decision underscores the temporary nature of bail granted for medical treatment purposes and the adherence to conditions set by the High Court for the duration of the bail period.