The Bombay High Court has granted medical bail to an accused in a money-laundering case, holding that his morbid obesity, multiple surgeries and continuing post-operative complications brought him within the sick or infirm exception under the proviso to Section 45(1) of the Prevention of Money Laundering Act (PMLA).
Justice Milind N. Jadhav noted that the accused had undergone three surgeries, including gall bladder removal and abdominal hernia repair, and remained under post-operative rehabilitation. The Court found that his medical records reflected serious health conditions requiring continued rehabilitation, monitoring and care.
The Court rejected the Enforcement Directorate’s submission that his condition could be adequately managed in prison or at a government medical facility. Referring to judicial precedents, the Court observed that obesity can constitute a disease and may be the root cause of several other ailments.
The Court held that once an accused falls within the sick and infirm exception under Section 45(1) PMLA, the twin conditions ordinarily required for grant of bail under the provision need not be satisfied.
Considering the accused’s medical condition and the risk of deterioration if he were returned to prison, the Court granted him medical bail subject to conditions, including execution of a Rs. 2 lakh personal bond with surety, periodic medical examination, cooperation with the investigation and restrictions on travel and contact with witnesses or co-accused.
