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2023 (6) TMI 1324 - HC - Money LaunderingGrant of Regular bail - bail sought on medical and humanitarian grounds for a period of 3 months alleging precarious health of the petitioner - whether the petitioner, who is in custody, is entitled to interim bail on medical grounds? - HELD THAT:- Article 21 of the Constitution provides for protection of life and personal liberty. The said right cannot be curtailed "except according to procedure established by law". 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 under trial 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 under trial or a convict. A Co-ordinate Bench of this Court in Kewal Krishan Kumar V. Enforcement Directorate, [2023 (3) TMI 746 - DELHI HIGH COURT], referring to the relevant clauses of the Finance Bill introduced on 1st February, 2018 for amending Section 45 of the PMLA, observed that a purposive interpretation of the proviso to section 45(1) shows that it has been incorporated as a lenient provision or to afford 'relaxation' to a sick or infirm person as noted in the Statement of Objects and Reasons to PMLA. 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 guided by principles of law after recording satisfaction that necessary circumstances exist warranting exercise of such a discretion. 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 - on humanitarian grounds, the medical condition of the petitioner as articulated in the affidavit of petitioner's wife cannot be simply brushed aside given the fact that there is material on record suggesting that the petitioner is heart patient, as well as having spine related issues, besides other ailments This Court deems it appropriate, to constitute a medical board to evaluate the medical condition of the petitioner - List on 12.06.2023.
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