Judge Must Have the Spine to Do Justice: P&H High Court Grants Interim Bail to 76-Year-Old PMLA Accused

The petitioner, in custody in an ED case of 2013 arising from NDPS FIRs alleging smuggling of 925 kg of ketamine to China and pseudoephedrine to Canada, sought interim bail only on medical grounds, keeping his other pleas open (paras 1-2, 7). He pleaded severe spinal ailments after open spinal surgery and his age of 76 (paras 3, 9). The ED cited his earlier evasion of summons, flight risk, the twin conditions of Section 45, properties allegedly bought in his absconding son's name, and his convictions in other cases (paras 5-6, 8).

The Bench confined itself to medical grounds and prolonged custody, and noted that the ED had not specifically denied the medical condition (paras 8-11). Drawing on Tulsi Ram Yadav, Shoma Kanti Sen and other rulings, it held that incarceration loses its purpose when the inmate is sick and infirm in old age, and that it is inhumane to deny bail to such persons, save for recidivists, flight risks or the most heinous offenders (paras 12-16). Whenever a person above 75 with health issues is in custody, "the concerned Judge must have the spine to do justice" and must record reasons before rejecting bail (para 16). Section 45 cannot stand in the way where treatment in prison becomes a mere formality, as that would violate Article 21 (para 17). With custody of over five years and the trial not concluding, he was also entitled to bail for prolonged custody (paras 21-23).