In a recent decision the Delhi High Court ruled that the power to grant bail on medical grounds under first proviso to Section 45(1) of the Prevention of Money Laundering Act, 2002 (PMLA) is discretionary and directed the Director of All India Institute of Medical Sciences (AIIMS) to evaluate the medical condition of the petitioner, Sanjay Jain.
The present petition has been filed through the wife of the petitioner seeking enlargement of the petitioner on regular bail in connection with the case titled as Directorate of Enforcement v. Amarendra Dhari Singh &Ors, pending before the Court of the Special Judge, New Delhi.
During the pendency of the regular bail, the wife of the petitioner has filed an affidavit praying for grant of interim bail to the petitioner on medical and humanitarian grounds for a period of 3 months alleging precarious health of the petitioner.
In the affidavit of the wife of the petitioner, it is stated that the petitioner is aged about 57 years and is suffering from various pre-existing ailments like hypertension, depression and anxiety, obstructive sleep apnea, hyperlipidemia, diabetes, damaged mitral valve prolapses and has a history of soft teeth. It is also stated that the health condition of the petitioner has further worsened in jail and he has not been able to get proper treatment.
Zoheb Hossain, Special Counsel appearing for the Enforcement Directorate submits that the medical ailments of the petitioner are not serious and the requisite medical attention is being provided to the petitioner in the jail premises.
The Special Counsel further submitted that the Supreme Court, as well, as the High Court has taken a consistent view that where an individual seeks interim bail on medical grounds, bail shall be granted only in cases where the requisite medical facilities cannot be provided by the jail authorities. Reliance in this regard was placed on the decisions of the Supreme Court in State v. Jaspal Singh Gill and State of Uttar Pradesh v. Gayatri Prasad Prajapati.
A Single Bench of Justice Vikas Mahajan observed that “The power to grant bail on medical grounds under the first proviso to Section 45(1) of the Act is discretionary, therefore, the same has to be exercised in a judicious manner. In the absence of an opinion of the experts it is difficult for this Court to come to the conclusion as to whether it is a case for grant of interim bail on the medical grounds. The Court cannot assume the role of an expert and make assessment of its own as regard the medical condition of the petitioner on the basis of medical records placed on the Court file.”
The Court further went on to note that on humanitarian grounds, the medical condition of the petitioner as articulated in the affidavit of petitioner’s wife cannot be simply brushed aside given. Hence the Director, All India Institute of Medical Sciences (AIIMS) was directed to immediately constitute a Medical Board of Doctors from minimum three different specialties having regard to the nature of ailments the petitioner is stated to be suffering from, for evaluating the medical condition of the petitioner.
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