Anticipatory bail under PMLA proviso granted where advanced age, medical infirmities, and cooperation supported judicial discretion.

The proviso to Section 45 of the Prevention of Money Laundering Act, 2002 permits anticipatory bail where reliable medical evidence shows that the applicant is sick or infirm and the surrounding facts justify a favourable exercise of discretion. The Madhya Pradesh High Court relied on a duly constituted Medical Board report noting advanced age, controlled but persistent ailments, and mobility difficulty, and also considered that the applicant had responded to summons on some occasions before the complaint was filed. On these exceptional facts, the Court held that the statutory proviso could be invoked and granted anticipatory bail.

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Issues: Whether the applicant was entitled to anticipatory bail under the proviso to Section 45 of the Prevention of Money Laundering Act, 2002 on the ground that he was sick or infirm, aged 83 years, and had cooperated with the investigation.

Analysis: The applicant's claim of sickness and infirmity was examined on the basis of a medical report from a duly constituted Medical Board. The report recorded ischemic heart disease, hypothyroidism, bilateral knee osteoarthritis and lumbar spondylosis, and noted that the morbidities were under control with oral medication but required periodic evaluation. The report also indicated difficulty in movement due to age and osteoarthritis. The record further showed that the applicant had appeared in response to summons on some occasions and that the complaint was filed shortly after his last appearance. In these circumstances, the proviso to Section 45 was treated as enabling judicial discretion in favour of bail where exceptional facts justified it.

Conclusion: The applicant was entitled to anticipatory bail.

Final Conclusion: The application succeeded on the basis that advanced age, medically verified infirmities, and the surrounding procedural circumstances justified release on anticipatory bail under the proviso to Section 45 of the Prevention of Money Laundering Act, 2002.

Ratio Decidendi: Under the proviso to Section 45 of the Prevention of Money Laundering Act, 2002, anticipatory bail may be granted in favour of a person who is shown on reliable medical evidence to be sick or infirm, where the circumstances justify a favourable exercise of judicial discretion.

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