Interim Bail Granted Due to Medical Conditions: Age, Health, and Extended Custody Influenced the Court's Decision.

The SC granted interim bail to the petitioner under Section 45(1) of the PMLA due to significant medical conditions, including diabetic neuropathy and chronic kidney disease. The decision followed a comprehensive medical evaluation by specialists and considered the petitioner's age and extended custody duration, emphasizing humanitarian considerations in legal proceedings.

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Issues:
Grant of bail on medical grounds under Section 45(1) of the Prevention of Money Laundering Act 2002.

Analysis:
The petitioner was arrested in connection with alleged offences under the PMLA based on a predicate offence. A second bail application on medical grounds was dismissed by the High Court. Subsequently, a medical evaluation was conducted by a team at J J Hospital, Mumbai, consisting of specialists from various departments. The medical report highlighted the petitioner's health conditions, including diabetic neuropathy, chronic kidney disease, ischemic heart disease, and proliferative diabetic retinopathy. The report recommended regular medication, assistance for daily living activities, and follow-ups with multiple specialists. The proviso to Section 45(1) of the PMLA allows for bail if the person is "sick or infirm." The petitioner, aged 67 and having spent over a year in custody, met the criteria for bail based on the medical evaluation. Consequently, the Supreme Court directed the petitioner's release on interim bail, subject to conditions set by the Special Court handling the case.

This judgment underscores the significance of medical grounds in bail applications under the PMLA. It emphasizes the need for a thorough medical evaluation to determine the petitioner's health condition and the impact of continued custody on their well-being. The court's decision to grant interim bail showcases a balance between legal proceedings and humanitarian considerations, ensuring that individuals with significant health issues receive necessary care while facing legal proceedings. The involvement of specialists from various medical fields in the evaluation process highlights the holistic approach taken to assess the petitioner's health status comprehensively. Overall, the judgment reflects a careful consideration of both legal provisions and medical evidence to arrive at a balanced decision in the interest of justice and human rights.

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