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Issues: (i) Whether the applicant was entitled to bail on the ground that he was sick or infirm within the proviso to Section 45(1) of the Prevention of Money-laundering Act, 2002. (ii) Whether prolonged incarceration and delay in commencement of trial justified release on bail under Article 21 of the Constitution of India.
Issue (i): Whether the applicant was entitled to bail on the ground that he was sick or infirm within the proviso to Section 45(1) of the Prevention of Money-laundering Act, 2002.
Analysis: The medical material placed on record showed serious and continuing ailments, including chronic kidney disease, uncontrolled diabetes, peripheral neuropathy, disability, and need for regular physiotherapy and assistance in daily activities. The Court treated the applicant's present medical condition as material and found that the sickness was not a mere routine ailment but one of sufficient seriousness to attract the statutory proviso.
Conclusion: The applicant fell within the proviso to Section 45(1) and was entitled to bail on medical grounds.
Issue (ii): Whether prolonged incarceration and delay in commencement of trial justified release on bail under Article 21 of the Constitution of India.
Analysis: The applicant had remained in custody for about 18 months, charge had not been framed, and there was no realistic prospect of the trial commencing or concluding in the near future. The Court held that such inordinate delay, coupled with the absence of early trial progress, engaged the constitutional guarantee of a speedy trial and weakened the rigor of the bail restrictions.
Conclusion: Prolonged incarceration and delay in trial also justified grant of bail in favour of the applicant.
Final Conclusion: Bail was granted because the applicant satisfied the medical exception under the special statute and the continued pre-trial detention was found incompatible with the right to speedy trial.
Ratio Decidendi: A person need not suffer a life-threatening illness to qualify as "sick or infirm" under the proviso to Section 45(1) of the Prevention of Money-laundering Act, 2002, and prolonged pre-trial incarceration without near-term trial prospects may independently support bail consistently with Article 21.
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