2024 (11) TMI 1586 - SCH - Money Laundering

Bail on medical grounds overturned; regular bail merits to be considered and petition restored for re-listing.

Bail granted solely on medical grounds was held unsustainable, requiring its withdrawal; the court directed reconsideration of the detainee's claim for ... Bail on medical grounds - examination by a Medical Board - grant of regular bail on merits - liberty to seek interim bail - HELD THAT:- The bail granted on medical grounds cannot be sustained. However, the case of the respondent for grant of regular bail on merits will have to be considered. Accordingly, we set aside the impugned order, to the file of the High Court. The restored petition shall be listed before the Roster Bench of the High Court on 6th December, 2024 in the morning. Appeal is accordingly partly allowed. Issues: (i) Whether the bail granted to the respondent on medical grounds by the High Court was sustainable in view of the absence of reliable medical evidence; (ii) Whether the matter requires consideration of regular bail on merits by the High Court.Issue (i): Whether bail granted on medical grounds was sustainable.Analysis: The Supreme Court directed examination of the respondent by a Medical Board of AIIMS, Raipur comprising specialists in Surgical Gastroenterology, Nephrology, Urology and General Surgery and the Medical Superintendent. The Medical Board reported that as of 10 September 2024 there was no evidence of the medical condition relied upon in the impugned order and that the respondent's condition was stable without significant medical ailments. The Court observed that before granting bail on medical grounds the High Court ought to have obtained examination by a Medical Board of a public hospital.Conclusion: Bail granted on medical grounds is not sustainable and the impugned order granting such bail is set aside.Issue (ii): Whether the respondent's entitlement to regular bail on merits has been finally determined.Analysis: The Supreme Court noted submissions on merits were recorded in the impugned order but held that the bail as granted was not on merits. The Court restored the petition to the High Court and directed that the High Court consider the respondent's application for regular bail on merits afresh, listing the petition before the Roster Bench for early hearing and permitting the respondent liberty to apply for interim bail before the High Court in connection with PMLA proceedings.Conclusion: The question of regular bail on merits is left open for fresh adjudication by the High Court; the High Court is to fix an early date for hearing.Final Conclusion: The appeal is partly allowed by setting aside the order granting bail on medical grounds and by restoring the petition to the High Court for fresh consideration of regular bail on merits; liberty granted to the respondent to seek interim relief before the High Court.Ratio Decidendi: A High Court should rely on an examination by a Medical Board of a public hospital before granting bail on medical grounds, and absence of reliable medical evidence renders medical-ground bail unsustainable.