However stringent PMLA is, sick and infirm can be given bail, says SC
This story was originally published at 18:11 IST on 14 October 2024
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NEW DELHI – Granting bail to Amar Sadhuram Mulchandani on medical grounds, the Supreme Court Monday observed that however stringent the Prevention of Money Laundering Act, 2002 is, the sick and infirm can be granted bail under it. Mulchandani, a former chairperson of Seva Vikas Co-operative Bank, was arrested by the Enforcement Directorate on Jul. 1, 2023, in a money laundering case.
"However stringent the PMLA (Prevention of Money Laundering Act) is, as judges we have to operate in the four corners of the law. The law tells us that someone who is sick and infirm be granted bail," the bench led by Chief Justice of India D.Y. Chandrachud said.
The top court said that Section 45(1) of the 2002 Act specifically states that a person who is sick or infirm may be released on bail if the special court so directs. The bench, comprising Justice J.B. Pardiwala and Justice Manoj Misra, said that based on the medical evaluation, it was evident that Mulchandani fulfilled the threshold required for being released on bail.
The Enforcement Directorate had arrested Mulchandani in a case linked to alleged fraud and misappropriation of funds worth INR 4.29 billion. Advocate Mukul Rohatgi, appearing for Mulchandani, said that the petitioner was suffering from chronic kidney disease and could not perform daily activities while being incarcerated. The high court in July had rejected Mulchandani’s bail application. End
Reported by Surya Tripathi
Edited by Saji George Titus
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