The Punjab and Haryana High Court at Chandigarh has granted interim bail to 76-year-old Davinder Singh Nirwal @ Dev in a money-laundering case, taking into account his age, medical condition and more than five years of custody.
A Division Bench of Justice Anoop Chitkara and Justice Harmeet Singh Deol passed the order on September 10, 2026, in Davinder Singh Nirwal @ Dev v. Directorate of Enforcement. The Court made it clear that it was not examining the merits of the allegations against him.
Background of the Case
The case arises from ECIR No. 02/JLZO/2013 registered under the Prevention of Money Laundering Act, 2002. The Enforcement Directorate opposed bail, pointing to the allegations, the petitioner’s previous conduct and earlier convictions.
The underlying police case concerned allegations relating to the smuggling of 925 kg of ketamine to China and one tonne of pseudoephedrine to Canada. The order also records seizures of pseudoephedrine and intoxicating powder in another case.
The petitioner sought bail only on medical grounds, while reserving his right to seek bail on merits or on the ground of prolonged custody separately. The Enforcement Directorate argued that the statutory conditions under Section 45 of the PMLA applied and also raised concerns about the petitioner being a flight risk.
Court’s Observation
The Bench noted that the petitioner was 76 years old and had severe spinal ailments, including an earlier open spinal surgery, and required continuing medical care. The Court also observed that the medical condition had not been specifically denied by the Enforcement Directorate.
The Court emphasised that prolonged incarceration was an additional consideration. According to the custody certificate dated August 17, 2026, the petitioner had spent 5 years, 1 month and 12 days in custody in the present case.
The Bench observed:
“The incarceration loses its objectivity when the inmate is a sick and infirm middle-old.”
It further held that the restrictions under Section 45 of the PMLA could not prevent relief where a person was medically so unfit that meaningful treatment inside prison was not possible. The Court linked such circumstances with the constitutional protection of life and personal liberty under Article 21.
Decision
Without expressing any opinion on the merits of the case, the High Court granted interim bail to Davinder Singh Nirwal from September 11, 2026, to December 21, 2026, with liberty to seek an extension if his health did not improve.
He was required to furnish bail bonds of Rs. 1 lakh with one surety of the same amount. The Court directed him to surrender before the prison by 11 AM on December 22, 2026.
The petition was accordingly allowed.
Case Details:
- Case Title: Davinder Singh Nirwal @ Dev v. Directorate of Enforcement
- Case Number: CRM-M-30971-2026
- Bench: Justice Anoop Chitkara and Justice Harmeet Singh Deol
- Decision Date: 10.09.2026
-300x169.webp)
