PMLA bail under the woman-or-sick proviso remains discretionary, not automatic, and depends on special facts and medical necessity.

Section 45 of the Prevention of Money Laundering Act requires twin conditions for bail in covered offences, while the first proviso operates only as an enabling exception for a woman or a sick accused. The proviso does not create an automatic right to bail; release still depends on judicial discretion and the special facts of the case. Medical grounds must show a real need for specialist treatment, and parity cannot be claimed from earlier orders that did not consider the rigour of Section 45(1). The seriousness of the alleged laundering activity remains relevant when assessing whether bail should be granted.

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Issues: Whether, in a prosecution under the Prevention of Money Laundering Act, 2002, the proviso to Section 45 permits bail to a woman or sick accused without satisfaction of the twin conditions; and whether medical grounds or parity justified grant of bail.

Analysis: Section 45(1) imposes twin conditions for release on bail in offences covered by the Act, but the first proviso operates as an enabling exception for categories such as a woman or a sick person. The discretion under the proviso is not automatic and must be exercised on the facts and special circumstances of each case. The material on record showed prima facie involvement of the petitioner in the laundering activities, active association with corporate affairs, and no serious ailment requiring specialist hospital treatment; physiotherapy and other treatment were being provided in custody. The plea of parity was rejected because the earlier bail orders did not examine the rigour of Section 45(1), and the offence being an economic offence of serious magnitude weighed against release.

Conclusion: The proviso to Section 45 did not entitle the petitioner to bail as a matter of right, and no special circumstance or medical necessity warranted release. Bail was declined.

Ratio Decidendi: The proviso to Section 45 of the Prevention of Money Laundering Act, 2002 is an enabling exception that permits, but does not mandate, bail to a woman or sick accused; bail in such cases remains dependent on judicial discretion and the facts showing special circumstances notwithstanding the seriousness of the offence.

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