The Prevention of Money Laundering Act (PMLA) allows sick and infirm people to be granted bail on humanitarian grounds, even within strict limits that the Supreme Court of India has emphasized. Amar Sadhuram Mulchandani, the former chairman of Seva Vikas Co-operative Bank, was recently granted temporary bail by the court after he was taken into custody on suspicion of money laundering. Mulchandani has been imprisoned for more than a year due to chronic kidney disease.
A bench comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra emphasized that while the PMLA is strict, the legal framework allows exceptions for individuals who are sick or infirm. Section 45 of the PMLA contains a proviso that relaxes the stringent twin conditions for granting bail in such cases. The Court noted that merelysuggesting that a sick person can be treated in a government hospital is not sufficient when the law clearly provides for bail in cases of serious illness.
The Court's choice reflects a adjusted approach to guarantee that the rights of the blamed are maintained, indeed beneath strict statutes just like the PMLA, particularly in circumstances including genuine wellbeing conditions. This administering highlights the judiciary's commitment to acting inside the lawful bounds whereas recognizing helpful contemplations, indeed in cases including genuine financial offenses like cash washing.
This decision is particularly significant as it reinforces the importance of medical bail provisions under stringent laws like the PMLA
TAGS: Supreme Court PMLA sick and infirm bail Amar Sadhuram Mulchandani medical bail Prevention of Money Laundering Act legal exceptions humanitarian grounds Section 45 PMLA interim bail stringent laws.
