Court Grants Bail to Doctor in PMLA Case with Conditions

The court granted bail to the applicant, a 62-year-old doctor, in a case involving provisional attachment of properties under PMLA. The court considered the applicant's medical condition and imposed specific conditions for release, including a personal bond and surrendering his passport. The bail was allowed based on factors such as the applicant's age, profession, and health issues, with an emphasis on compliance with legal procedures and non-interference with evidence or witnesses.

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Issues:
1. Provisional attachment of properties under PMLA
2. Bail application under Section 439 of Cr.P.C
3. Constitutional validity of Section 45 of PMLA
4. Arguments for and against bail
5. Medical condition of the applicant

Provisional Attachment of Properties under PMLA:
The respondent registered an ECIR and provisionally attached properties worth Rs. 8,93,50,085 belonging to the applicant and his family. The provisional attachment was confirmed by the adjudicating authority, and the applicant's appeal is pending before the PMLA Tribunal.

Bail Application under Section 439 of Cr.P.C:
The applicant filed a bail application in a special Sessions Trial for an offence under Section 45 of the PMLA Act. The applicant was denied bail previously and taken into judicial custody. The applicant argued for bail based on previous Supreme Court judgments and the right to defend himself under Article 21 of the Constitution.

Constitutional Validity of Section 45 of PMLA:
The applicant cited the Nikesh Tarachand Shah case where the Supreme Court declared Section 45 of PMLA as unconstitutional, violating Articles 14 and 21. The applicant argued that the amended provisions of the PMLA Act do not affect the bail application under Section 45.

Arguments for and Against Bail:
The applicant's counsel highlighted the prolonged trial duration, the applicant's cooperation with investigations, and the absence of any arrest during the investigation. The prosecution opposed bail citing the gravity of the offence and the amended provisions of the PMLA Act.

Medical Condition of the Applicant:
The applicant, a 62-year-old MBBS doctor, suffers from various health issues. The court considered his medical condition while granting bail and imposed specific conditions for his release, including a personal bond and surrendering his passport.

In conclusion, the court allowed the bail application, considering the applicant's age, profession, and medical condition. The court imposed conditions for bail, emphasizing the applicant's compliance with the legal process and non-interference with evidence or witnesses.

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