TaxTMI 
TaxTMI 
2026 (10) TMI 16
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....d or denied. 3. The petitioner's counsel seeks interim bail on medical grounds and submits that the petitioner, aged 76 years, is suffering from medical issues and cannot even take care of his personal needs and any further pre-trial incarceration would cause irreversible injustice to the petitioner and his family. Counsel for the petitioner, on instructions, states that the petitioner is not a flight risk and that all the documentary evidence is already in the possession of the Enforcement Directorate; as such, there is no reason to deny bail to the petitioner, and if denied, the petitioner's deteriorating medical condition would have an irreversible impact on his life if he survives. 4. The petitioner's counsel further states, on instruction, that the petitioner would have no objection whatsoever to any stringent conditions that this Court may impose, including that, if the petitioner repeats the offense, commits any non-bailable offense that provides for a sentence of imprisonment for more than seven years, commits any offense under the NDPS Act where the quantity involved is more than half of the intermediate or commercial quantity, or violates S. 19, 24, or 2....
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....nds, the focus is more on merits. We are not considering bail on merits, but only on medical grounds and prolonged custody. 9. The stand of the petitioner is clearly mentioned in the bail petition. In paragraph no. 3, it is mentioned that the petitioner is a senior citizen aged 76 years and suffering from multiple severe and debilitating ailments which are posing a grave and imminent threat to his life because the petitioner's health is deteriorating at an alarming speed on a daily basis. It is further mentioned in paragraph no. 4 of the bail petition that the petitioner has been diagnosed with severe spinal ailments, and even an open spinal surgery had been conducted, but he still needs constant and specialized medical care, which is not possible in jail. Thus, there is no specific denial of the medical condition of the petitioner in the reply, where the emphasis is to highlight the gravity of the offense and previous rejection of bail petitions on merits and that the petitioner is a flight risk. 10. Regarding the previous rejection of bail petitions on merits, this Court is confining itself only to medical and prolonged custody; as such, the opposition to the previous rejec....
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....violence that broke out at a function organised by Elgar Parishad. Certain acts of violence had taken place at Shanivarwada, Pune on 31.12.2017 thereafter. The prosecution's case is that in the said programme, provocative speeches were delivered and there were cultural performances which had the effect of creating enmity between caste groups, resulting in disruption of communal harmony, violence, and loss of life. The said FIR was initially lodged against the organisers of the Elgar Parishad event, which included activists of a cultural body, known as Kabir Kala Manch. The appellant before us was not named in that FIR as an accused at that point of time. [41]. Once we find that Section 43D (5) of the 1967 Act would not be applicable in the case of the appellant, we shall have to examine the case of the appellant in relation to accusation against her under Section 13 of the 1967 Act and also other offences under the provisions of the 1860 Code, which we have narrated earlier. We have already indicated that she is a lady of advanced age, suffering from various ailments. The ailments by themselves may not be serious enough for granting bail on medical ground. But taking cogni....
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....atment outside prison walls; subject to the exception like the inmate is a recidivist who refuses to mend their ways, or is at flight risk, or that the criminal is of extreme perversity, or that the crime is so heinous or so cruel, that releasing such person on bail would be more disastrous to the society. Denying bail in such cases can be unkind and goes against the conscience of the Court. Thus, whenever a person above 75 years of age with health issues is in custody, the concerned Judge must have the spine to do justice and examine the health and old age related issues with utmost sympathy and concern, and before rejecting the bail application of a person above 75 years of age, the Court must document the reasons for the same. 17. The rigors of section 45 under PMLA cannot be a hindrance if someone is medically so unfit that the treatment inside the closed walls of the prison becomes a mere formality. Accordingly, denying bail would violate such a person's right to life, which can be taken only by due process of law and is a fundamental right guaranteed under Article 21 of the Constitution of India. 18. In Gautam Kundu Vs. Manoj Kumar, Govt. of India, Dec 16, 2015, MANU/SC....
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.... deep rooted conspiracies and involving huge loss of public funds need to be viewed seriously and considered as grave offences affecting the economy of the country as a whole and thereby posing serious threat to the financial health of country. In Union of India v. Hassan Ali Khan (2011) 10 SCC 235, this Court has laid down that what will be the burden of proof when attempt is made to project the proceeds of crime as untainted money. It is held in the said paragraph that allegations may not ultimately be established, but having been made, the burden of proof that the monies were not the proceeds of crime and were not, therefore, tainted shifted on the accused persons under Section 24 of the PML Act, 2002. The same proposition of law is reiterated and followed by the Orissa High Court in the unreported decision of Smt. Janata Jha v. Assistant Director, Directorate of Enforcement (CRLMC No. 114 of 2011 decided on December 16, 2013). Therefore, taking into account all these propositions of law, we feel that the application for bail of the Appellant should be seen at this stage while the appellant is involved in the economic offence, in general, and for the offence punishable under Sec....
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....the matter and also making it subject to the condition that the Petitioner shall diligently participate in the trial without interfering in the course of justice and also complying with the other appropriate conditions to be imposed by the trial court, the prayer is accepted. [9] . Hence, we direct that the Petitioner be enlarged on bail subject to appropriate conditions being imposed by the trial court and the Petitioner diligently adhering to such conditions, as also not being required in any other case. 20. In Sheikh Javed Iqbal v. State of Uttar Pradesh, July 18, 2024, MANU/SC/0716/2024, Hon'ble Supreme Court holds, [21]. It is true that the appellant is facing charges under Section 489B Indian Penal Code and under Section 16 of the UAP Act which carries a maximum sentence of life imprisonment, if convicted. On the other hand, the maximum sentence under Section 489C Indian Penal Code is 7 years. But as noticed above, the trial is proceeding at a snail's pace. As per the impugned order, only two witnesses have been examined. Thus, it is evident that the trial would not be concluded in the near future. [22]. It is trite law that an accused is ent....
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....section 45 of the PMLA are applied. The large quantity of narcotics allegedly involved in this case is an offense under the NDPS Act, whereas under the PMLA, the offense is only for money laundering regarding the conversion of the drug money being utilized for other purposes. It is always within the purview of the Enforcement Directorate to recover all the proceeds of crime traced to a precursor offense, but it would not mean that when the trial is not being concluded for such a long time, the person should still be kept in custody because of the inability and the inefficiency of the Enforcement Directorate to recover the money, or furthermore for the loopholes in the statute itself. 23. Medical history of the petitioner indicates that he is undergoing treatment and requires periodic checkups. Furthermore, per the custody certificate dated 17.08.2026, the petitioner's custody in the present case is more than five years. Thus, the petitioner is entitled to medical bail not only on the grounds of old age but also entitled to bail on the ground of prolonged custody. 24. Given the above and without commenting on the case's merits, in the facts and circumstances peculiar to th....