Serious illness and the sick-or-infirm exception under PMLA Section 45 justified bail in a money-laundering case.

An undertrial accused in a money-laundering prosecution was granted bail because serious illness brought the case within the proviso to Section 45 of the Prevention of Money-Laundering Act, 2002. The Court relied on medical material showing cancer and other serious ailments, together with prolonged incarceration, to treat the applicant as a sick or infirm person. It also noted that investigation was at an early stage and that there was no convincing material to support a real apprehension of absconding or obstructing the trial. Bail was therefore allowed.

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Issues: Whether the applicant, an undertrial accused in a money-laundering prosecution, was entitled to bail on account of serious illness and the proviso to Section 45 of the Prevention of Money-Laundering Act, 2002.

Analysis: The application was considered in the context of the applicant's prolonged incarceration, the medical material showing cancer and other serious ailments, and the statutory exception in the proviso to Section 45 of the Prevention of Money-Laundering Act, 2002 for a sick or infirm person. The Court also took note of the stage of investigation and the absence of convincing material supporting the apprehension that the applicant would abscond or obstruct the trial.

Conclusion: Bail was granted to the applicant.

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