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Issues: Whether the applicant was entitled to regular bail on medical grounds under the proviso to Section 45 of the Prevention of Money Laundering Act, 2002, and whether the medical material showed such grave sickness or infirmity that treatment could not be adequately provided in custody.
Analysis: The proviso to Section 45 of the Prevention of Money Laundering Act, 2002 creates a limited exception to the twin bail conditions and may be invoked only where the accused is sick or infirm in a manner that is life-threatening or otherwise of such seriousness that adequate treatment cannot be provided in jail or referral hospitals. The applicant's medical condition was examined through the AIIMS Medical Board report and the jail medical record. The AIIMS report stated that inpatient admission was not required, that hospitalization in any particular hospital was unnecessary, and that the applicant could be treated on an outpatient basis at a jail referral hospital with rehabilitation and follow-up. The jail record also showed continuing treatment, physiotherapy, and access to referral hospital care. The Court further balanced the prisoner's right to medical treatment against the State's interest in fair investigation and found that the available material did not establish a condition warranting release on medical bail.
Conclusion: The applicant was not shown to be suffering from a life-threatening sickness or infirmity justifying release on regular bail, and the prayer for bail was rejected.
Final Conclusion: Medical care in custody was found adequate on the record, and the exceptional relaxation under the bail provision was held unavailable on the facts.
Ratio Decidendi: Under the proviso to Section 45 of the Prevention of Money Laundering Act, 2002, medical bail can be granted only when the accused's sickness or infirmity is so grave that effective treatment is not available in custody or referral care.