2023 (5) TMI 1263 - HC - Money Laundering

Regular bail granted on medical grounds after health deterioration, no demonstrated flight risk, constitutional healthcare right

Delhi HC granted regular bail to petitioner primarily on medical grounds after health deterioration during proceedings. Court noted respondent failed to ... Seeking grant of Regular Bail - though initially bail was sought on the merits but however in the interregnum period, the health condition of the petitioner has deteriorated and the medical record which is being furnished shows that the petitioner is sick and infirm - HELD THAT:- It is pertinent to mention that the respondent department has also not brought on record any material on record to show that the petitioner is a flight risk. It is also a settled proposition that right to life is facet of Fundamental Right enshrined by the Constitution. Right to live with dignity includes right to live a healthy life. The person who is sick or infirm has a right to have adequate and effective treatment. Though jails and designated hospitals provide good basic treatment, but we cannot expect them to provide specialised treatment and monitoring as required in the present case. Last medical report of the petitioner dated 03.05.2023 shows that petitioner is in bad state and can be put into the category of sick/infirm. In view of the medical record being furnished by the petitioner and the submissions made by learned ASG, the petitioner is admitted to bail on furnishing a personal bond in the sum of Rs.1,00,000/- with two sureties of the like amount to the satisfaction of the trial court, subject to the conditions imposed - application allowed. Issues Involved:1. Grant of regular bail based on medical grounds.2. Verification and genuineness of medical records.3. Application of Section 45 of the PMLA regarding bail for sick or infirm individuals.4. Compliance with bail conditions and evaluation of flight risk, witness influence, and evidence tampering.Issue-wise Summary:1. Grant of regular bail based on medical grounds:The petitioner sought regular bail in ECIR/HIU-II/14/2022, initially on merits, but later emphasized his deteriorating health condition. The court considered the additional affidavit and medical records submitted by the petitioner, which highlighted his severe medical issues, including low back pain, bilateral lower limb radiculopathy, and other complications.2. Verification and genuineness of medical records:The Additional Solicitor General (ASG) confirmed that the medical records provided by the petitioner were verified and found genuine. Despite opposing the bail on merits, the ASG acknowledged the petitioner's medical condition and did not report any violation of bail conditions or tampering with evidence during the interim bail period.3. Application of Section 45 of the PMLA regarding bail for sick or infirm individuals:The court referenced Section 45 of the PMLA, which allows bail for individuals who are sick or infirm, bypassing the twin conditions usually required under this section. The court cited precedents, including Devaki Nandan Garg vs. Directorate of Enforcement and Gautam Kundu v. Directorate of Enforcement, to support the petitioner's eligibility for bail based on his medical condition.4. Compliance with bail conditions and evaluation of flight risk, witness influence, and evidence tampering:The court imposed several conditions for granting bail, including surrendering the passport, regular appearance before the investigation officer, non-communication with prosecution witnesses, and maintaining a working mobile number. The ASG confirmed that the petitioner did not pose a flight risk, influence witnesses, or tamper with evidence. The court emphasized the right to live with dignity and access to adequate medical treatment, which justified granting bail to the petitioner.Conclusion:The petitioner was granted bail on medical grounds, with specific conditions to ensure compliance and prevent any interference with the judicial process. The court clarified that this decision was based solely on the petitioner's health condition and did not set a precedent or comment on the merits of the case. The petition and pending applications were disposed of accordingly.