High Court overturns PMLA case bail on medical grounds, orders specialized medical examination.

The High Court set aside the bail order granted by the Special Judge in a PMLA case on medical grounds. It directed further medical examination of the respondent by a Medical Board, comprising specialists from J.J. Hospital. The respondent was ordered to be produced before the Board for examination, and a health report was to be submitted by a specified date. The bail was to remain in abeyance until the health report submission. The Court stressed the necessity of comprehensive medical assessments when considering health-related bail applications.

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Issues:
Challenge to bail order granted on medical grounds by Special Judge in PMLA case.

Analysis:
1. The Directorate of Enforcement challenged the bail order granted to the respondent on medical grounds by the Special Judge in a PMLA case. The respondent had applied for bail citing health reasons, including anxiety, asthma, acid reflux, slip disc, and shoulder pain. The Special Judge granted bail based on the medical condition of the respondent, despite limited averments in the bail application regarding health issues. The applicant argued that bail should be granted only after considering the merits of the case, as per Section 45 of the PMLA Act. The applicant also requested the respondent to be examined by a Medical Board to be formed by the Dean of J.J. Hospital, Mumbai, and for a report to be submitted to the Court.

2. The respondent's counsel argued that there was no perversity in the Special Judge's order granting bail on medical grounds. The Court had considered reports from jail authorities regarding the respondent's health condition, including visits to J.J. Hospital for medical issues. The respondent's counsel contended that bail should not be cancelled unless in exceptional circumstances, citing legal precedents. The respondent's counsel emphasized that the bail order was not surprising, as medical reports had been submitted to the Court as per previous orders.

3. The High Court analyzed the facts and submissions from both sides. It noted that the bail application primarily focused on merits, with health conditions mentioned in passing. The Court observed that the Special Judge had granted permanent bail to the respondent pending trial based on the medical reports submitted by jail authorities. The High Court agreed with the alternative submission by the applicant's counsel to have the respondent examined by a Medical Board comprising specialists and directed the Dean of J.J. Hospital to form the Board. The Court ordered the respondent to be produced before the Medical Board for examination and for a health report to be submitted by a specified date.

4. In conclusion, the High Court set aside the bail order granted by the Special Judge and directed further medical examination of the respondent by a Medical Board. The Court ordered the respondent to be produced before the Board and for a health report to be submitted by a specific date. The order keeping the bail in abeyance was to continue until the health report submission date. The Court emphasized the importance of a thorough medical examination before making decisions based on health grounds in legal proceedings.

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