Medical grounds can relax PMLA bail restrictions where serious illness needs hospital-based treatment unavailable in custody.

Medical grounds may relax the twin conditions under Section 45(1) of the Prevention of Money Laundering Act, 2002 where the accused is sick or infirm and the ailment requires treatment that cannot be effectively provided in custody. The court treated the constitutional value of personal liberty under Article 21 as relevant, but held that the statutory restriction remains operative unless the proviso is satisfied. On the medical board's report, the petitioner's tracheostomy tube required hospital-based care and could not be managed in jail, and prolonged pre-trial detention with no substantial risk of flight, tampering, or witness influence also supported relief. Bail was granted on conditions.

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Issues: Whether the petitioner, being accused in a PMLA case, was entitled to bail on medical grounds by invoking the proviso to Section 45(1) of the Prevention of Money Laundering Act, 2002 despite the twin conditions ordinarily applicable under that provision.

Analysis: The bail jurisdiction is informed by the constitutional value of personal liberty under Article 21, but in a PMLA prosecution the statutory restriction under Section 45(1) remains operative unless the case falls within the proviso. The proviso permits relaxation for a sick or infirm accused, and the sickness must be of a serious nature requiring medical attention that cannot be effectively provided in jail. On the medical board's report, the petitioner's tracheostomy tube required hospital-based treatment and could not be removed in custody. The Court also considered the prolonged pre-trial detention, the uncertainty about commencement of trial, and the absence of substantial flight-risk, tampering, or witness-influencing concerns, subject to suitable conditions.

Conclusion: The petitioner's ailment brought the case within the proviso to Section 45(1) of the Prevention of Money Laundering Act, 2002, and the rigour of the twin conditions was relaxed. Bail was therefore granted on terms and conditions.

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