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Keywords: PMLA

The Delhi High Court on Monday granted interim bail for six weeks to ‘Indo Spirits’ founder Sameer Mahandru in the money laundering case related to the alleged Delhi excise policy scam. Justice Chandra Dhari Singh held that freedom is a cherished fundamental right and the discretion of the Court in granting bail to accused under the Prevention of Money Laundering Act (PMLA) is not to be exercised only as a last resort. Mahandru had sought bail on medical grounds stating that he is suffering from life-threatening diseases which warrants immediate medical treatment.

The plea was opposed by the ED which argued that Mahandru’s condition is ‘stable’. However, after carefully reviewing the issue, the Court decided that a person’s health should be given first priority and granted him bail for a period of six weeks. According to Justice Singh, one of the most important aspects of Article 21 of the Indian Constitution is the right to health. “Everyone has the right to receive appropriate and efficient treatment. Freedom is a prized fundamental value, the Bench emphasised, and the authority to grant bail should not be used exclusively as a last resort.The High Court’s ruling in Vijay Agrawal Through Parokar v. Directorate of Enforcement was cited by the Court in this case.

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Written by- Nitin Pradhan, College name –  Army Law College, an intern under Legal Vidhiya


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