TMI Blog2023 (5) TMI 1263X X X X Extracts X X X X X X X X Extracts X X X X ..... e category of sick/infirm. In view of the medical record being furnished by the petitioner and the submissions made by learned ASG, the petitioner is admitted to bail on furnishing a personal bond in the sum of Rs.1,00,000/- with two sureties of the like amount to the satisfaction of the trial court, subject to the conditions imposed - application allowed. - HON'BLE MR. JUSTICE DINESH KUMAR SHARMA For the Petitioner : Mr. Vikas Pahwa, Sr. Adv. with Mr. Mayank Jain, Mr. Parmatma Singh, Mr. Madhur Jain, Mr. Vivek Chandra Jaiswal, Mr. Lakshay Raj, Mr. PRabhav Ralli and Ms. Namisha Jain, Advocates For the Respondent : Mr. S.V. RAju, learned ASG with Mr. Zoheb Hossain, counsel for ED, Mr. A. Venkatesh and Mr. Vivek Gurnani, advocates, Mr. Joginder, Investigating Officer JUDGMENT DINESH KUMAR SHARMA, J. (Oral) CRL.M.A. 10307/2023 (for exemption) Exemption allowed subject to just exceptions. The application stands disposed of. BAIL APPLN. 1266/2023 CRL.M.(BAIL) 561/2023 1. Present bail application has been filed with the following prayer: a) Enlarge the petitioner on regular bail in ECIR/HIU-II/14/2022 on such terms and cond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner s discharge summary sheet dated 27.02.2023 of Deen Dayal Upadhyay Hospital, New Delhi is filed herewith and marked as Annexure B. iii. True copy of the medical record of the Petitioner issued by the Medical Officer Incharge, Central Jail Hospital, Tihar is filed herewith and marked as Annexure C. iv. True copy of the prescription dated 03.05.2023 of Apollo Hospital, Secunderabad of the Petitioner is filed herewith and marked as Annexure D. 5. That the aforesaid documents/medical records of the petitioner are necessary for the proper adjudication of the bail application and the same may be taken on record in the interest of justice. 5. Learned senior counsel for the petitioner submits that the petitioner has medical history and was suffering while in judicial custody also. Learned senior counsel has placed reliance upon verified medical record. As per verified medical record of the petitioner, it has been found as under: In OPD Card dated 22.02.23 of Deen Dayal Upadhyay Hospital, the petitioner was diagnosed as follows: C/o Low Back Pain x 25 days No Fever/Trauma H/o B/s Lower Limb Radiculopathy O/C : LS Spine Tendeness + L4 SLR R-50 degree ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Dr.Naveen P. Reddy, D.Orth, M.Ch (Orth) Fellow in Joint Replacement (Israel) Consultant Orthopaedic Surgeon, extraction of the examination is as under: (a) PRESENTING COMPLAINTS: sever low back ache since morning following fall due to numbness left lower limb difficult to bend, walk or turning to the sides giddiness/relling sensation (b) HISTORY OF PRESENT ILLNESS pain aggravates on bending (c) PAST MEDICAL/SURGICAL HISTORY severe complaints with pain radiating to left lower limb was treated with analgesics and bedrest. ct scan lumbar spine shows disc proplaspe d12.l1 lumbar 1 disc prolapse with degerative changes HTN In the same examination dated 02.05.2023 following instructions were given by Dr.Naveen P.Reddy: IMPORTANT.INSTRUCTIONS absolute bed rest for 4 days hot fomentahon 2//3 day, physiotherapy lumbar region. ift//swd// traction for 1 week back strengthening exercises after pain subsides continue hypertension drugs/ salt restricted diet/ weight loss to reduce back pain if symptoms do not subside MRI scan lumbar spine is adviced prognosis is guarded neurosurgeon opinion PLAN Follow-up date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Section 24 of the SEBI Act and it would be noteworthy that a criminal revision praying for quashing the proceedings initiated against the appellant under Section 24 of the SEBI Act is still pending for hearing before the High Court. We have noted that Section 45 of the PMLA will have overriding effect on the general provisions of the Code of Criminal Procedure in case of conflict between them. As mentioned earlier, Section 45 of the PMLA imposes two conditions for grant of bail, specified under the said Act. We have not missed the proviso to Section 45 of the said Act which indicates that the legislature has carved out an exception for grant of bail by a Special Court when any person is under the age of 16 years or is a woman or is sick or infirm. Therefore, there is no doubt that the conditions laid down under Section 45-A of the PMLA, would bind the High Court as the provisions of special law having overriding effect on the provisions of Section 439 of the Code of Criminal Procedure for grant of bail to any person accused of committing offence punishable under Section 4 of the PMLA, even when the application for bail is considered under Section 439 of the Code of Criminal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hus, the proviso to Section 45(1) of the PMLA carves out an exception from the rigours of Section 45 for persons who are sick or infirm. Once a person falls within the proviso of Section 45(1), he need not satisfy the twin conditions under Section 45(1) as elucidated in the dicta of Gautam Kundu case [Gautam Kundu v. Directorate of Enforcement, (2015) 16 SCC 1 : (2016) 3 SCC (Cri) 603]. 58. Once the Applicant falls in the exception clause of section 45(1) proviso, as in the present case by virtue being infirm , the Applicant need not satisfy the twin test of section 45(1) PMLA. However, the Applicant needs to satisfy the triple test under Section 437/439 CrPC: i. Flight risk. ii. Influencing any witness. iii. Tampering with evidence. 13. Mr.S.V.Raju, learned ASG has very fairly submitted that the law regarding admitting the accused on bail on the grounds of being sick or infirm is well settled and if this court is satisfied with the medical record which has duly been verified, an appropriate order may be passed. Learned ASG has also submitted that the petitioner during the period of interim bail has not influenced any witness or tampered with any evidence. 14. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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