Court exempts accused from stringent bail conditions under Section 45(1) of PMLA, highlighting obesity as a serious disease necessitating specialized post-operative care beyond prison facilities
In a significant judgment delivered on August 24, 2026, the Bombay High Court granted medical bail to Ushik Mahesh Gala, an accused in a Prevention of Money Laundering Act, 2002 (PMLA) case, recognizing his precarious health condition arising from morbid obesity and multiple surgeries. The bail was allowed under the proviso to Section 45(1) of the PMLA without the accused needing to satisfy the usual stringent twin conditions for bail prescribed under the same provision.
Ushik Mahesh Gala, accused number 8 in Economic Offences Wing Crime No. 08 of 2022, was initially arrested in 2022 and later re-arrested in November 2025 by the Enforcement Directorate (ED) in connection with offences under Sections 420 and 467 of the Indian Penal Code, which are scheduled offences under the PMLA. The applicant had undergone sleeve gastrectomy (bariatric surgery) in 2022, followed by gall bladder removal surgery in February 2026, and most recently, hernia repair surgery in July 2026. His treating doctors, including Dr. Rahul Borude of "Bariatrics by Borude," emphasized that his morbid obesity not only necessitated these surgeries but also placed him at high risk for further life-threatening complications such as port-site hernia.
The applicant had earlier been granted interim medical bail for his gall bladder surgery and subsequent rehabilitation. However, his extended medical needs and deteriorating health conditions prompted the current application for medical bail. The ED opposed the bail, arguing that the accused's medical condition was not life-threatening and could be managed within prison medical facilities. They also contended that the accused had not fulfilled the twin conditions of Section 45(1) of PMLA, which require the court to be satisfied that the accused is not guilty of the scheduled offence and is unlikely to commit any offence while on bail.
After a detailed examination of extensive medical reports from J.J. Hospital, Breach Candy Hospital, and expert opinions, the Court found that obesity should be treated as a disease capable of causing severe co-morbidities. Relying on precedents such as Pranjil Batra v. Directorate of Enforcement and Devki Nandan Garg v. Directorate of Enforcement, the Court held that the proviso to Section 45(1) of PMLA exempts "sick and infirm" persons from the stringent bail conditions. The Court observed that the applicant's medical condition falls squarely within this exception, given his multiple surgeries and the necessity of close clinical monitoring and rehabilitation that cannot be effectively provided in prison conditions.
The Court noted the qualitative difference in medical care available in prison hospitals versus civilian hospitals and emphasized that releasing the applicant on medical bail was essential to prevent irreversible health deterioration. It further directed that the applicant cooperate fully with the investigation, including appearing for regular check-ups and allowing the investigating officer to visit his residence or hospital for monitoring. Strict bail conditions were imposed, including surrender of passport, prohibition on influencing witnesses, and restrictions on leaving the country.
This ruling reiterates the judiciary's balanced approach to upholding the rule of law while safeguarding the fundamental right to life and health of an accused, especially in complex economic offence cases under the PMLA. It underscores the recognition of obesity as a serious medical condition affecting bail considerations and reinforces that medical bail can be granted without the twin conditions of Section 45(1) when the accused is "sick or infirm" as per the statutory proviso.
Bottom Line:
Medical Bail - Applicant suffering from multiple severe medical conditions including morbid obesity, post-operative complications, and hernia - Entitled to medical bail under the proviso to Section 45(1) of the Prevention of Money Laundering Act, 2002 (PMLA), without requiring fulfillment of twin conditions of bail under the said provision.
Statutory provision(s):
Section 45(1) of the Prevention of Money Laundering Act, 2002; Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023; Sections 420 and 467 of the Indian Penal Code, 1860
Ushik Mahesh Gala v. Directorate of Enforcement, (Bombay) : Law Finder Doc Id # 2971228
