Medical bail denied in money laundering case under PMLA Section 45(1) despite diabetes and physiotherapy needs

The Bombay HC dismissed a bail application filed on medical grounds in a money laundering case under PMLA. The applicant sought bail claiming need for regular physiotherapy and assistance with daily activities. The court found that while the applicant required diabetes management and physiotherapy, his cardiac, nephrology and ophthalmology conditions were relatively stable. The court noted no qualitative difference in health condition since the first application was rejected, and that four months of indoor treatment had actually improved his condition. The requirement for physical aids or human support did not constitute sufficient infirmity to warrant bail under Section 45(1) proviso of PMLA. The court directed prison authorities to provide requisite assistance and treatment instead of granting bail.

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Issues Involved:
1. Whether the applicant's medical condition justifies granting bail under the proviso to Section 45(1) of the Prevention of Money-Laundering Act, 2002 (PMLA).
2. Evaluation of the applicant's health condition and the necessity for hospitalization or continued medical treatment.
3. Consideration of the applicant's right to life and health while being incarcerated.

Detailed Analysis:

Issue 1: Medical Condition and Bail under Section 45(1) of PMLA

The applicant sought bail on medical grounds, citing severe health issues, including diabetic neuropathy, ischemic heart disease, and chronic kidney disease. The legal framework under Section 45(1) of the PMLA imposes stringent conditions for granting bail, requiring the court to be satisfied that the applicant is not guilty of the offense and will not commit any offense while on bail. However, the proviso allows for bail if the applicant is sick or infirm.

The court emphasized that granting bail on health grounds requires a judicious exercise of discretion. The applicant must demonstrate that their condition is severe enough to justify release. The court referred to precedents, including Kewal Krishan Kumar vs. Enforcement Directorate, which defined infirmity as a disability incapacitating a person from performing daily activities.

Issue 2: Evaluation of Health Condition

The applicant's health was evaluated by a committee of experts at Sir J. J. Group of Hospitals. The committee's report indicated that the applicant's conditions, including diabetic neuropathy and ischemic heart disease, could be managed on an outpatient basis and did not require hospitalization. The applicant's chronic kidney disease was noted as irreversible but manageable with medication and regular follow-ups.

The court considered the committee's findings, which suggested that the applicant's health had not deteriorated significantly since the previous bail application was rejected. The applicant's conditions were stable, and he had received extensive treatment as an indoor patient, including physiotherapy.

Issue 3: Right to Life and Health

The court acknowledged the applicant's right to life and health, as guaranteed under Article 21 of the Constitution. It recognized the state's obligation to provide adequate medical treatment to prisoners. However, the court found that the applicant's need for assistance in daily activities did not constitute a sufficient infirmity to warrant bail. The court directed the prison authorities to provide necessary support, including a wheelchair, walking aid, and an attendant, to assist the applicant in his daily routine.

Conclusion:

The court concluded that the applicant's medical condition did not justify granting bail under the proviso to Section 45(1) of the PMLA. The applicant's health was stable, and his conditions could be managed with outpatient treatment. The court issued directions to ensure that the applicant received appropriate medical care and assistance while incarcerated. The bail application was rejected, with instructions for the applicant to be re-lodged in Central Prison, Mumbai, and provided with necessary medical support.

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