TaxTMI 
TaxTMI 
2023 (5) TMI 1263
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....for the petitioner has submitted that he had filed an additional affidavit regarding the medical condition of the petitioner himself. Learned senior counsel submits that though initially bail was sought on the merits but however in the interregnum period, the health condition of the petitioner has deteriorated and the medical record which is being furnished shows that the petitioner is sick and infirm. 3. Mr.S.V.Raju, learned Additional Solicitor General confirms that copy of the additional affidavit has been supplied to them and the same have been verified and found to be genuine. Learned ASG further submits that though they oppose the application on merits but however in view the medical condition of the petitioner, an appropriate order may be passed. Learned ASG has very fairly submitted that during the period when the petitioner was on bail there has been no violation of any bail condition or tampering of evidences has been reported. 4. Mr.Vikas Pahwa submits that though there was no specific averment regarding grant of bail on medical grounds but the question being involved of the liberty of an individual, this court may entertain the request for enlarging the petitioner....
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....tation 1. T. Dodo SO BD 3Da 2. T.PAN OD 3. T. Meltocarbaind SOO, BD Dolo Gel -CT Scan LS Spine 1175/TLS Review on Friday 24.02.2023 in Oeltao CPD-3 6. The petitioner thereafter remained admitted in Deen Dayal Upadhyay hospital from 24.02.2023 to 27.02.2023. In Discharge summary dated 27.02.2023, it was mentioned: Admitted Diagnosis Acute Low Back Pain Final Diagnosis Bilateral Lower Limb Radiculopathy Operations Conservative Management Summary of Case: Patient was admitted with the above mentioned diagnosis and was planned for conservative management of his symptoms. He was managed on Lumbar Traction and medical therapy Patient B Symplometrally better now and being planned for discharge with the following advice. The petitioner was advised CT Scan and was asked to follow up after four weeks. Learned senior counsel has further relied upon Extraction of examination dated 28.02.2023 by Medical Officer Incharge, Central Jail: 10.03.2023 C/O Low Back Pain Radiating to both lower limbs O/E Pt can and 'illegible' BP - 160/94 m ....
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....ertension drugs/ salt restricted diet/ weight loss to reduce back pain if symptoms do not subside MRI scan lumbar spine is adviced prognosis is guarded neurosurgeon opinion PLAN Follow-up date 10-May-2023 11.15 AM 10. Learned senior counsel submitted that thereafter, while the petitioner was on interim bail, on 03.5.2023, he was examined at Apollo Hospital by Dr.Amitava Ray, MBBS, MD (Cardiff, UK) FRCSEd, FRCS (Neurosurgery) Regd. No.: APMC-770015, Senior Consultant Neurosurgeon, the extraction of which is as under: Mr. P. Sharat Chandra Reddy C/o -Giddiness+ reeling - Continuously - Backpain - radiating down leg - Occasional headache- Insomnia S/B.- Orthopaedics Medication for LBP given. O/E- No eye contact, Feeling low; Says unable to talk to anyone SLR reduced L Leg . Spasm + + C- spine Somatization + Stress/depression related. Needs:- 1. Bloods CBC Electrolytes, creatinine, Lipid Profile, LFT and Vit D levels, 2. MRI of brain ....
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.... sick or infirm. Therefore, there is no doubt that the conditions laid down under Section 45-A of the PMLA, would bind the High Court as the provisions of special law having overriding effect on the provisions of Section 439 of the Code of Criminal Procedure for grant of bail to any person accused of committing offence punishable under Section 4 of the PMLA, even when the application for bail is considered under Section 439 of the Code of Criminal Procedure" 35. Thus, the proviso to Section 45(1) of the PMLA carves out an exception from the rigours of Section 45 for persons who are sick or infirm. Once a person falls within the proviso of Section 45(1), he need not satisfy the twin conditions under Section 45(1) as elucidated in the dicta of Gautam Kundu case (supra). 45. Given the present case relates to Section 45 of the PMLA, it is noted that courts have considered the medical condition of the accused for grant of bail even for offences committed under the aforesaid act.This court in D.K. Shivakumar v. Directorate of Enforcement granted bail under Section 45 of the PMLA whilst observing the following: "18. In addition to above all discussed, undisputed....
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....ght risk. ii. Influencing any witness. iii. Tampering with evidence." 13. Mr.S.V.Raju, learned ASG has very fairly submitted that the law regarding admitting the accused on bail on the grounds of being sick or infirm is well settled and if this court is satisfied with the medical record which has duly been verified, an appropriate order may be passed. Learned ASG has also submitted that the petitioner during the period of interim bail has not influenced any witness or tampered with any evidence. 14. It is pertinent to mention that the respondent department has also not brought on record any material on record to show that the petitioner is a flight risk. It is also a settled proposition that right to life is facet of Fundamental Right enshrined by the Constitution. Right to live with dignity includes right to live a healthy life. The person who is sick or infirm has a right to have adequate and effective treatment. Though jails and designated hospitals provide good basic treatment, but we cannot expect them to provide specialised treatment and monitoring as required in the present case. Last medical report of the petitioner dated 03.05.2023 shows that petiti....