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The HC granted regular bail to an 86-year-old petitioner in a PMLA case, finding him "infirm" under the proviso to Section 45(1). While not deemed "sick" as per the AIIMS medical board's opinion that his ailments could be treated in jail, the Court determined his cognitive impairment, pseudodementia, recurrent dizziness, history of falls, and need for constant monitoring qualified him as "infirm." This exempted him from meeting the twin test requirements of Section 45(1). The Court also noted he satisfied the triple test for bail (no flight risk, witness influence, or evidence tampering) and considered the inevitable trial delay given the case's complexity (17 accused, 66 companies, 121 witnesses, and over 77,000 pages of documents). Bail was granted subject to conditions.
The HC granted regular bail to an 86-year-old petitioner in a PMLA case, finding him "infirm" under the proviso to Section 45(1). While not deemed "sick" as per the AIIMS medical board's opinion that his ailments could be treated in jail, the Court determined his cognitive impairment, pseudodementia, recurrent dizziness, history of falls, and need for constant monitoring qualified him as "infirm." This exempted him from meeting the twin test requirements of Section 45(1). The Court also noted he satisfied the triple test for bail (no flight risk, witness influence, or evidence tampering) and considered the inevitable trial delay given the case's complexity (17 accused, 66 companies, 121 witnesses, and over 77,000 pages of documents). Bail was granted subject to conditions.
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