Power to grant bail on medical grounds under PMLA ‘discretionary’: Delhi HC

The observation came on Monday while deciding the bail application of one Sanjay Jain, accused in a money laundering case

The Delhi high court has observed that the power to grant bail on medical grounds under Prevention of Money Laundering Act (PMLA) is discretionary in nature and must be exercised in a judicious manner after recording satisfaction that necessary circumstances exist warranting exercise of such a discretion.

Delhi high court (HT ARCHIVE)

The observation came on Monday while deciding the bail application of one Sanjay Jain, accused in a money laundering case.

During the pendency of the regular bail, Jain’s wife filed an affidavit on May 22 for interim bail to Jain on medical and humanitarian grounds for three months, alleging that his health condition was precarious.

The wife stated that the 57-year-old was suffering from various pre-existing ailments like hypertension, depression and anxiety, diabetes and damaged mitral valve prolapse.

Refusing to grant relief to the accused on interim bail, the court directed the director of AIIMS to constitute a medical board for evaluating Jain’s medical condition.

“The liberty of a person who is accused or convicted of an offence can be curtailed according to procedure established by law. However, right to health is also recognized as an important facet of Article 21 of the Constitution. Merely because a person is an undertrial or for that matter even a convict, lodged in jail, this facet of right to life cannot be curtailed. It remains an obligation of the state to provide adequate and effective medical treatment to every person lodged in jail, whether undertrial or convict,” Justice Vikas Mahajan said in its judgment.

The court noted that the appointments for the diagnostic procedures of Jain were scheduled almost after five months to one year, which showed that the government hospitals are overburdened and are not in a position to address the medical issues being faced by him whilst in jail, particularly on priority they deserve.

The court directed the jail superintendent to furnish all medical records of Jain to the Medical Board of Doctors and also granted liberty to the wife to furnish relevant medical records to the Board, with a copy to the Special Counsel for ED.

The judge also directed to ensure that Jain is presented before the Medical Board on June 7 at the time and place indicated by the Board.