New Delhi: The Supreme Court on Monday said though the Prevention of Money Laundering Act (PMLA) is stringent, the judges’ would have to operate within the four corners of the law and according to the law someone, who is sick and infirm should be granted bail.
The matter came before a three-judge bench led by Chief Justice of India DY Chandrachud and comprising justices JB Pardiwala and Manoj Misra. The apex court granted interim bail on medical grounds to Amar Sadhuram Mulchandani, the ex-chairman of the Seva Vikas Cooperative Bank, in a case linked to alleged fraud and misappropriation of funds of the lender worth Rs 429 crore. Mulchandani (67) was arrested on July 1 last year.
At the end of the hearing, senior advocate Atmaram Nadkarni, representing an intervenor, pointed out to the court that the accused was facing four FIRs registered by the Enforcement Directorate for tampering and destroying the evidence. At this juncture, the CJI said, “Nadkarni, however, stringent the PMLA is, we as judges have to operate within the four corners of the law”. The bench perused a report filed by a board of four expert doctors of the JJ Hospital, Mumbai, and noted that Mulchandani has been behind bars for over a year.
“The law tells us that someone, who is sick and infirm, should be granted bail...you know that point that he can be treated in a government hospital is no answer to what the statute says…look we had an evaluation by government medical college," the bench told Nadkarni. Mulchandani had moved an application seeking bail on medical grounds, which was dismissed by the Bombay High Court in August 2024. He moved the apex court seeking relief.
The bench, in its order, said, “The notice was issued on September 2, 2024. On October 4, the direction was issued for a fresh medical evaluation of the petitioner at JJ Hospital, Mumbai. A report has been submitted. A report dated October 10, 2024, submitted by the medical superintendent…the petitioner was evaluated by four expert specialists from the hospital...”.
“The proviso to Section 45 (1) of the PMLA, specifically contemplates that a person, who is sick or infirm, may be released on bail if the special court so directs. Based on the medical evaluation provided by the medical team…it is evident that the petitioner fulfils the threshold required for being enlarged on bail...”, said the bench, in its order, while directing the petitioner to be released on interim bail subject to terms and conditions imposed by the special court.
The money laundering probe against Mulchandani and others originates from multiple FIRs registered by the Pune Police based on complaints of the bank and the audit conducted by the Registrar of Cooperative Societies pointed to large-scale fraud and misappropriation of public funds causing a loss of Rs 429 crore to the Seva Vikas Cooperative Bank causing loss to thousands of small depositors.
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