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TMI Blog2023 (10) TMI 1218X X X X Extracts X X X X X X X X Extracts X X X X ..... other case was also registered against the co-accused person for similar offences. In the FIR against the Petitioner and others, the Petitioner and other co-accused person had extorted crores of Rupees from different rich people by blackmailing them to get their video footage containing objectionable and inappropriate photographs viral. The aforesaid case was investigated into by the local police, but in the course of investigation, the Assistant Director of Enforcement, Bhubaneswar claiming the offences alleged against the Petitioner and others to be scheduled offences as defined Under Section 2(1y) of the PMLA instituted a complaint against the Petitioner and others before the special Court under PMLA, Bhubaneswar for commission of offence U/S. 3 of PMLA which is punishable U/S. 4 of PMLA. It is stated in the complaint that soon after registration of the aforesaid police case, PMLA Case No.10 of 2022 was recorded against the Petitioner and others for commission of aforesaid offence under PMLA and the matter was investigated into by ED. It is also alleged in the complaint that the Petitioner and others had generated illegal income of Crores of Rupees through extortion by way of ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to answer as to whether the stipulation as contained in Section 45(1) of PMLA can be relaxed to grant regular bail to the Petitioner. Undeniably, right to health is an integral part of right to life as guaranteed under Article 21 of the Indian Constitution, but such right to health cannot be refused to a person facing a criminal charge, even such right cannot be denied to a convict found guilty for graver offence. It is indisputably an obligation of the State to provide adequate and effective medical treatment to every person, even to a under trial or convict. Above view get supports from the decision from Pt. Parmanananda Katara Vrs. Union of India and others; (1989) 4 SCC 286, wherein the Apex Court has emphasized the preservation of life, both of an innocent person or a criminal liable to be punishment in the following words. "....7. There can be no second opinion that preservation of human life is of paramount importance. That is so on account of the fact that once life is lost, the status quo ante cannot be restored as resurrection is beyond the capacity of man. The patient whether he be an innocent person or be a criminal liable to punishment under the laws of the society, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat he gets the required treatment." 8. In Kewal Krishnan Kumar Vrs. Enforcement Directorate; (2023) SCC Online Delhi 1547, it has been held by High Court of Delhi as under:- "25. xxx when the sickness or infirmity each of such a nature i.e. life threatening and requires medical assistance that cannot be provided in penitentiary hospitals, then the accused should be granted bail under the proviso to Section 45(1) of the PMLA". 9. In the backdrop of aforesaid discussions and keeping in view the principle governing the field on this issue, this Court is of the considered view that the sickness which are not only life threatening, but also serious and requires special medical attention and which the jail authority cannot provide in the jail would normally be considered as a ground for grant of bail to an accused by relaxing the strict compliance of Section 45(1) of the PMLA by giving benefit of the proviso appended thereto. Granting bail on mere sickness by extending the proviso appended to Section 45(1) of the PMLA will render the aforesaid proviso otiose. However, the aforesaid proviso may be invoked in genuine cases, where the sickness of the Applicant cannot be treated in ja ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... possible in the jail. Further in M. Sivasankar (Supra), the High Court of Kerala did not give the benefit of proviso to Section 45(1) of the PMLA to the applicant- Sivasankar by holding that Sivasankar did not have any serious illness and in the earlier time also, he was granted bail by relaxing the rigor of Sec. 45(1) of the PMLA on medical ground, but when he was released on bail, he joined duty and also continued in service till his retirement without undergoing any further treatment. 12. According to the complaint of ED, the details of movable property owned and acquired by Jagabandhu(Petitioner) as alleged was for a value of Rs. 17,49,389/-, besides allegation of assisting his wife in layering and placing the proceeds of crime generated by her as a result of criminal activity relating to schedule offence in his account and the Petitioner and his wife were alleged to have an immovable property i.e. residential building with an investment of Rs. 3.39 Crores whose present market value is assessed at 3.64 Crores and this is the main substratum of allegation against the Petitioner and his wife. The complaint under PMLA also refers to another FIR in Nayapalli P.S. FIR No. 646 of 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e for grant of bail. 15. The bail application of the petitioner stands allowed and the petitioner may be released on bail on furnishing bail bonds in the sum of Rs.2,00,000/- (Rupees Two lakhs) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following additional conditions:- (i) The petitioner shall not commit any offence while on bail and he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Officer of ED or tamper with the evidence, (ii) The petitioner shall appear before the Court in seisin of the case on each and every date of posting without fail unless his attendance is dispensed with and in case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law, (iii) The petitioner shall deposit his Passport, if any, in the Court in seisi ..... 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