"Qualitative Difference" In Treatment Given To Undertrial Prisoners & Free Citizens: Bombay High Court Grants Medical Bail In PMLA Case
The Bombay High Court while granting medical bail to a businessman booked in a Rs 137 crore money laundering case, held that there is a 'qualitative' difference in the treatment given to an undertrial in jail barracks and the one given to a citizen under no restraint.
Single-judge Justice Milind Jadhav noted that the businessman Ushik Mahesh Gala, who was arrested by the Enforcement Directorate (ED) in November 2025, had underwent at least three surgeries since 2022, which include a bariatrics surgery, removal of the gall bladder and also removal of abdominal hernia surgery.
"In the present circumstances, Applicant suffers from various medical conditions for which he has undergone 3 surgeries over the span of less than 4 years which has affected his overall health and perusal of his medical reports prima facie show that he requires ample post rehabilitation care and monitoring for side effects and symptoms that may arise. This can only be done if Applicant receives treatment at a hospital of his choice and is well taken care of away from infection related environment. There is a qualitative difference in the treatment received as an undertrial prisoner especially in jail barracks and jail hospital and as a citizen under no restraint. It is seen from the precarious medical condition, degree of care and monitoring of existing / subsisting ailments from which the Applicant suffers along with observations for any untoward complications that may arise altogether clearly justify grant of medical bail to the Applicant before me in accordance with provisio to Section 45(1) of PMLA, 2002," Justice Jadhav held.
In his August 24 order, Justice Jadhav noted that Gala was was discharged from Mumbai's Breach Candy Hospital on July 13, 2026 after his hernia repair surgery and opined that by no stretch of imagination, his discharge would indicate that he is fit to be sent back to prison or the hospital attached to the prison.
"Perusal of the material on record bring home the conclusion that sickness, infirmity and health conditions of Applicant are severe and hence directing Applicant to return to custody or even the prison hospital upon his discharge, is incompatible with his health conditions and that it would run the risk of deterioration of his health to the point of no return in that case. We are otherwise all aware of the jail conditions and the enormity of congestion in jails. In view of this, strong circumstances presented by Applicant's medical reports and discharge summary, Applicant has made out a strong case for grant of medical bail," the judge said.
The judge noted that Gala suffered from morbid obesity and underwent Sleeve Gastrectomy and Cholecystectomy surgery (bariatric surgery) on November 18, 2022 and due to certain side effects of the said bariatric surgery, he underwent gall bladder removal surgery on February 7, 2026, however due to his consistence obesity he developed abdominal hernia for which he underwent hernia repair surgery on July 10, 2026.
"Case of the ED is that Applicant is in post surgery rehabilitation and therefore facilities provided by government and State run medical institutions / jails will serve as adequate healthcare facilities for Applicant's recuperation in such background. I cannot countenance this submission since as seen above, the material filed on record paint a clear picture of Applicant's medical infirmities and poor health conditions which stem from his morbid obesity. Therefore, in my considered opinion it would be wholly erroneous to conclude that Applicant is fully recovered and cured and merely suffers from obesity since as seen from above obesity is not a mere disease or life condition but an underlying cause for further medical complications which can affect overall health and lifestyle, and in the present case have certainly done so, and therefore Applicant deserves appropriate rehabilitation and medical care and attention if he is to stand trial," Justice Jadhav held.
With these observations, the court granted bail to Gala on medical grounds.
Appearance:
Senior Advocate Vikram Nankani along with Advocate Rishi Bhutan, Rashmin Khandekar, Pushkraj Deshpande, Rohan Marathe and Bhumika Khandelwal instructed by ALMT Legal appeared for the Applicant.
Advocates Pavan Patil, Shubham Sarah, Tanmay Deshmukh and Soham Badole represented the ED.
Additional Public Prosecutor Gauri Rao represented the State.
Case Title: Ushik Mahesh Gala vs Directorate of Enforcement (Bail Application 1836 of 2026)
Citation: 2026 LiveLaw (Bom) 414