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The Bombay High Court, gave medical bail to a businessman accused in a ₹137 crore money laundering case. The court said there is a real difference between the medical care an undertrial prisoner gets in jail (even in the jail hospital) and the care a free citizen can get outside.
Justice Milind Jadhav of the Bombay High Court pointed out that the businessman, Ushik Mahesh Gala, was arrested by the Enforcement Directorate (ED) in November 2025. Since 2022, Gala has had three surgeries, weight-loss (bariatric) surgery, gall bladder removal, and abdominal hernia repair.
Why Bail was granted
The judge explained that Gala has several health problems because of these three surgeries in under four years. His medical reports show he needs a lot of care and monitoring after surgery. This is only possible if he is treated at a hospital of his choice, away from places where he could catch infections easily.
Because of this, the judge said there is a clear difference between how an undertrial prisoner is treated, especially in jail cells or jail hospitals, and how an ordinary citizen who is not in custody is treated. Looking at how serious Gala’s health condition is and how much care and watching it needs, and the the risk of complications, the judge said all this fully justifies giving him medical bail under the proviso to Section 45(1) of the PMLA, 2002.
Latest medical reports and surgery
The court looked at a medical report dated February 18, 2026, from Gala’s doctor. It said he was recovering from surgery and that his weak immune system put him at risk of serious, possibly life-threatening infections. The court also looked at a discharge summary dated July 13, 2026, from Breach Candy Hospital in Mumbai, which showed Gala had surgery on July 10, 2026 for multiple hernias in his abdomen.
Discharge doesn’t mean fit for jail
In his order dated August 24, Justice Jadhav noted that Gala was released from Breach Candy Hospital on July 13, 2026 after his hernia surgery. The judge said being discharged from hospital does not mean, in any way, that he is fit to go back to prison or even to the prison’s hospital.
The judge said: “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.”
Health problems linked to obesity
The judge noted that Gala was severely overweight (morbid obesity) and had Sleeve Gastrectomy and Cholecystectomy surgery (bariatric surgery) on November 18, 2022. Because of side effects from that surgery, he had his gall bladder removed on February 7, 2026. Later, because he was still overweight, he developed a hernia in his abdomen and had surgery for it on July 10, 2026.
Justice Jadhav also noted that Gala’s doctor had told him to stay in complete bed rest until November 2026 as part of his recovery. His medical reports also showed he needs rehabilitation at home along with close medical supervision.
Judge rejects ED’s jail hospital argument
The ED argued that since Gala is only in post-surgery recovery, government or state run hospitals and jail facilities would be good enough for his treatment. The judge disagreed with this and said:
“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.”
Other court decisions the judge relied on
The court referred to a decision by the Punjab and Haryana High Court in the case of Pranjil Batra Vs. Directorate of Enforcement, which said that obesity itself can be considered a disease and can lead to other health problems.
The Bombay High Court said that in Gala’s case too, his obesity had led to several health complications and three surgeries.
The court also referred to the Delhi High Court’s ruling in Devki Nandan Garg Vs. Directorate of Enforcement. That ruling said that if an accused person is “sick and infirm” under the proviso to Section 45(1) of the PMLA, they don’t necessarily have to meet the two strict conditions normally required under Section 45(1) for bail.
Justice Jadhav also relied on the case Naresh Goyal Vs. Directorate of Enforcement and Anr. This case held that once someone is found to be “sick and infirm” under Section 45(1) of the PMLA and gets medical bail, that bail continues even if the person later recovers from their illness.
Bail conditions ordered
Based on all this, the court granted Gala bail on medical grounds, saying his medical reports and discharge summary showed strong reasons for medical bail.
The court ordered that Gala be released on bail after submitting a Personal Recognizance (P.R.) Bond of ₹2,00,000, along with one or more guarantors for the same amount. He must also cooperate with the investigation. The Investigating Officer can visit his home to check on his recovery, but must give two days’ notice first. The court also told him to get a health check-up at J.J. Hospital every six months, with the hospital’s Dean forming a committee to examine his health and report back to the prosecution.
Case Details: Ushik Mahesh Gala vs Directorate of Enforcement (Bail Application 1836 of 2026)
