TaxTMI 
TaxTMI 
2025 (1) TMI 683
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....ailments having faces three cardiac events including a recent episode and bypass conducted in July, 2021. Applicant is also diagnosed with kidney ailment stage 3, the severity of which would put the applicant at risk of complete kidney failure. Applicant is also suffering from neurological ailment triggered by diabetes which requires daily institutionalized physiotherapy. Applicant is also suffering from 60% permanent disability alongwith several other health conditions, and accordingly, he is sick or infirm. The Hon'ble Apex Court by order dated 14/10/2024 had released the applicant on interim bail. After considering medical condition of the applicant/accused, he be released on bail on terms and conditions to be imposed by this Court. GROUNDS FOR BAIL 3. Applicant/Accused is suffering from various ailments and the report of the medical team has been already on record. Even the same was recorded by the Hon'ble Apex Court under the proviso of section 45 (1) of PML Act, 2002 which squarely applies in this matter and applicant was granted interim bail. There has been long incarceration and the trial has not commenced. Further investigation is pending, therefore, there is no poss....
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....In the Affirmative 2. What Order ? Bail Application is allowed as per final Order REASONS AS TO POINT NO.1- 6. Heard Ld. Sr. Counsel for applicant/accused No.4 and Ld. SPP at length. Perused the record. 7. During arguments, Ld.Sr.Counsel for the applicant/accused No.4 has submitted that the Hon'ble Apex Court has released the applicant/accused on interim medical bail. As per the directions of the Hon'ble Apex Court, this Court has imposed conditions and has released him for three months on conditions to submit periodically reports. Ld. Sr.Counsel for the applicant/accused has further submitted that considering all the reports on record i.e. one which reflects in the order of the Hon'ble Apex Court and all the subsequent reports goes to show that applicant/accused is suffering from 60% permanent disability. His diabetic condition is deteriorating and imbalance while walking. He has got multiple health issues, and therefore, he is sick and infirm attracting the proviso given beneath section 45(1) of PML Act, 2002. 8. Ld. SPP firstly requested for calling the report of Superintendent of Sir J.J. Groups of Hospitals. Accordingly, that report was called. After recei....
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...., the report of Neurology Department and report of further test was awaited. Secondly, that order has been passed on 21/1/2024. Year have passed. Naturally there will be change in the medical condition of the accused. As such, Ld. SPP had rightly submitted that the present medical condition of the accused is required to be seen. 12. It is important to note that the Hon'ble Apex Court on 14/10/2024 has passed an order of granting temporary bail to the applicant/accused. That was done after report from medical board was obtained. Regarding health of the accused, the report of medical board has been reproduced in the order of the Hon'ble Apex Court. On perusal of it, it appears that applicant is having various ailments. He has chronic kidney disease stage IV, GFR 18.5 ml/minute with uncontrolled blood sugar. It was argued by the Ld. SPP that kidney disease is only Chronic but not of grave nature which lead this Court to search about it and during search, it was found that Chronic kidney disease, stage -IV means severe kidney damage and is close to not working at all. If the GFR is less than 15, then the kidney will be very close to not working or has stopped working. As such, the r....
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.... "8. The proviso to Section 45(1) of PMLA specifically contemplates that a person who "is sick or infirm" may be released on bail if the Special Court so directs. 9. The petitioner is 67 years old and has spent nearly a year and three months in custody. Based on the medical evaluation which has been provided by the Medical Team at Sir J.J. Group of Hospitals, Mumbai, it is evident that the petitioner fulfills the threshold required for being enlarged on bail" 16. The Hon'ble Apex Court on the basis of medical evaluation has concluded that petitioner fulfills the threshold required for being enlarged on bail, and accordingly, released him on interim bail. The medical condition of each patient changes by passing of time. In this matter, the medical condition of the accused has changed after earlier passed orders. As such, instant application is tenable. 17. Considering the medical record before this Court, coupled with the fact that since the time of arrest, till the last medical report received from Sir J.J. Hospital, it appears that the accused is suffering from various ailments, due to passing of time disease became chronic and uncontrolled. Accordingly, accu....