Why in News
The Supreme Court ruled that health issues, such as sickness or infirmity, can be valid grounds for granting bail to accused individuals under the PMLA.
What SC Said
The court emphasized that the law allows for bail for those who are sick or infirm, even under strict conditions of the PMLA.
In the case of Amar Sadhuram Mulchandani, a former bank chairperson, the court granted him interim bail due to his age (67) and worsening health, as he had been in custody for over a year.
The court noted that medical reports showed a decline in his cardiac health, meeting the criteria for bail.
This ruling highlights the court's discretion to provide relief to vulnerable individuals, including the sick, while also acknowledging the stringent nature of bail requirements under the PMLA.
Section 45 of the PMLA covers bail.
Clause (1) of the section 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 the PMLA cases an almost impossible task.
However, the proviso to Clause (1) allows courts the discretion to exempt persons below 16 years, women, and the sick or the infirm from these dual conditions for bail, providing humane relief
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