Sickness, infirmity are grounds for bail in PMLA case: SC order

The top court allowed interim bail to Amar Sadhuram Mulchandani, former chairperson of Seva Vikas Co-operative Bank, based on the proviso to clause (1) of Section 45 which allows courts the discretion to exempt persons below 16 years of age, women, the sick or the infirm from these dual conditions for bail, providing humane relief.

The Supreme Court has highlighted that sickness and infirmity of an accused are grounds for bail even under the Prevention of Money Laundering Act (PMLA).

A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud, in a recent order, highlighted the leeway given to an ailing accused under the anti-money laundering law while allowing interim bail to Amar Sadhuram Mulchandani, former chairperson of Seva Vikas Co-operative Bank.

Also Read: PMLA cannot be used as tool for incarceration: High Court

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.

Section 45 of the Prevention of Money Laundering Act, 2002 or PMLA covers bail. Clause (1) of Section 45 is stringent — the accused would get bail only if the court was satisfied there were reasonable grounds for believing they were not guilty. Further, the court should be satisfied that the accused would not commit any offence while out on bail. These twin conditions make getting bail in PMLA cases an almost impossible task.

However, the proviso to clause (1) of Section 45 allows courts the discretion to exempt persons below 16 years of age, women, the sick or the infirm from these dual conditions for bail, providing humane relief.

In the current case, the court noted that Mr. Mulchandani was 67 years old and had already spent nearly a year and three months in custody.

Medical opinion from a team at Sir J J Group of Hospitals, Mumbai, showed that he suffered from multiple ailments, including diabetes, hypertension, chronic kidney disease and ischemic heart disease.

“At present, there is worsening of cardiac function as compared to previous reports,” the court order recorded medical reports on him.

“It is evident that the petitioner fulfils the threshold required for being enlarged on bail,” the top court concluded.

Published - November 01, 2024 09:21 pm IST