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The Delhi High Court has granted regular bail to Amitabh Jhunjhunwala in a money laundering case, relying on the medical exception under Section 45(1) of the Prevention of Money Laundering Act (PMLA). Justice Madhu Jain held that the expressions “sick” and “infirm” cannot be restricted to cases involving an immediately life-threatening or irreversible condition.
Background
Jhunjhunwala is facing proceedings arising from ECIR/STF/17/2025 registered by the Directorate of Enforcement (ED), following CBI FIRs concerning Reliance Commercial Finance Ltd. and Reliance Home Finance Ltd. The ED alleges diversion and layering of funds through connected entities.
The petitioner, who was arrested on April 15, 2026, had sought bail primarily on medical grounds. His medical history included coronary artery disease and a previous coronary intervention, besides a D-11 vertebral compression fracture and subsequent spinal problems. He also relied upon records referring to continuing pain, restricted movement and the need for specialised treatment.
The High Court examined whether the petitioner came within the “sick or infirm” exception contained in the proviso to Section 45(1) of the PMLA. The Court noted that the provision does not require the condition to be terminal, irreversible, imminently life-threatening or necessarily require surgery.
“The object of a medical exception is not to wait until the consequences of inadequate treatment become irreversible, but to permit the Court to intervene where the medical condition and the surrounding circumstances justify such intervention,” the Court observed.
The Court also considered the cumulative effect of the petitioner’s medical conditions rather than examining each ailment separately. It noted that medical records continued to refer to spinal pathology and specialised treatment, while the Tihar Jail medical officer had recorded that the petitioner required specialised and regular treatment.
The Court held that the petitioner fell within the expression “sick or infirm” under Section 45(1) of the PMLA and was entitled to the statutory exception. It therefore granted him regular bail subject to conditions, including a personal bond of ₹1 lakh with two sureties, restrictions on leaving India, appearance before the trial court and directions against contacting witnesses or tampering with evidence.
The Court clarified that its observations were limited to consideration of bail on medical grounds and would not be treated as an opinion on the merits of the prosecution case.
The bail application was accordingly allowed.
