Medical-ground interim bail under PMLA proviso depends on grave illness, specialised care needs, and inability to treat effectively in custody.

The proviso to Section 45(1) of the Prevention of Money Laundering Act, 2002 is described as an exception to the twin conditions for bail where the accused is sick or infirm. The note states that the relevant test is whether the medical condition is grave enough to require specialised treatment, post-operative care, prolonged rest, physiotherapy, or assisted care that cannot be effectively managed in custody. It records that serious spinal and other ailments, surgery, and verified medical material supported interim bail on medical grounds, while a mere description of the condition as stable did not negate its severity. Prior compliant conduct and absence of flight risk or witness tampering were also treated as supporting factors.

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Issues: Whether the petitioner was entitled to interim bail on medical grounds under the proviso to Section 45(1) of the Prevention of Money Laundering Act, 2002 as a person claimed to be sick or infirm.

Analysis: The statutory proviso carves out an exception from the stringent twin conditions of Section 45(1) for a person who is sick or infirm. The relevant inquiry is whether the medical condition is grave enough to require specialised treatment and post-operative care that cannot be effectively managed in custody. The Court found that the petitioner had serious spinal and other ailments, had undergone surgery, required restricted movement, prolonged bed rest, physiotherapy and assisted care, and that the medical material verified by the Enforcement Directorate showed genuine medical needs. The Court further held that mere description of the condition as stable did not negate the underlying life-threatening nature of the ailments. The petitioner's prior conduct on interim bail, absence of misuse of liberty, and absence of material showing flight risk or witness tampering also supported relief.

Conclusion: The petitioner satisfied the proviso to Section 45(1) of the Prevention of Money Laundering Act, 2002 and was entitled to interim bail on medical grounds.

Final Conclusion: Interim bail was granted for a limited period with conditions, and the application was disposed of.

Ratio Decidendi: A person accused under the Prevention of Money Laundering Act, 2002 is entitled to the benefit of the proviso to Section 45(1) where the medical condition is sufficiently grave to make specialised treatment and post-operative care necessary and unavailable in effective form in custody, even if the condition is presently described as stable.

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