The Punjab & Haryana High Court observed that obesity is a disease which becomes the root cause of several other diseases and granted bail under the Prevention of Money Laundering Act, 2002 (PMLA) to a man weighing 153 kg by considering his medical condition.
Mr Vikram Chaudhri, Senior Advocate, with Mr Sajal Bansal, Ms Hargun Sandhu and Mr Kunal Sharma, Advocate appeared for the petitioner and Mr Satya Pal Jain, Assistant Solicitor General of India with Mr Shobit Phutela, Advocate appeared for the respondent.
Pranjil Batra, the petitioner seeks a grant of regular bail in respect of a complaint under Section 4 read with Section 70 of the Prevention of Money Laundering Act, 2002 (‘the PMLA’). The petitioner had merely been an employee of the company of the co-accused and was handling the software used by the company to maintain its accounts and other business-related information and was neither any Director nor shareholder in the company. It was submitted that whatever amount he had received or had been credited to his account was on account of his professional remuneration, being a software expert.
Further submitted that the petitioner weighs 153 kilograms and has various medical issues and is presently having precarious health which is deteriorating by the day and in these circumstances, his custody could prove fatal to his health and life.
It was observed that as per section 45(1) PMLA, the Public Prosecutor was required to be allowed to oppose the plea for bail and that where the Public Prosecutor opposed the such plea, the Court could grant bail only after recording satisfaction that there were reasonable grounds to believe that the person to be released was not guilty of the offence he was accused of and that while on bail he was not likely to commit any offence.
It was the specific case of the petitioner that he is suffering from serious comorbidities and on account of the same his health is fast deteriorating, the medical report shows that the petitioner is an obese person weighing 153 kilograms having erratic hypertension and diabetes issues. Additionally, he is found to be having Coronary Artery Disease(CAD).
The HC bench comprise of Justice Gurvinder Singh Gill observed that obesity, as in the case of the petitioner, who weighs 153 kilograms is not just a symptom but is itself a disease which becomes the root cause of several other diseases. With such co-morbidities, the response, resistance, resilience and capacity of the body to fight ailments and recuperate efficaciously, decreases substantially.
Considering the co-morbidities of the petitioner, the HC categorised him except being “sick” as carved out in Section 45 of the Act, to be entitled to be released on bail.
Based on the precarious medical condition of the petitioner, the HC ordered to release of regular bail on his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.
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