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of <h1>83-year-old gets anticipatory bail under PMLA Section 45 for being sick and infirm</h1> <h3>SHRI SURESH NARAYAN VIJAYWARGIA Versus DIRECTORATE OF ENFORCEMENT THROUGH ASSISTANT DIRECTOR DIRECTORATE OF ENFORCEMENT</h3> MP HC granted anticipatory bail to an 83-year-old applicant under PMLA Section 45 proviso on grounds of being 'sick and infirm.' Medical Board from AIIMS ... Seeking grant of anticipatory bail - Money Laundering - bail sought on the ground that the applicant is 'sick' and 'infirm' within the meaning of proviso to Section 45 of the PMLA - HELD THAT:- In the present case, the applicant is aged about 83 years and seeking relief of anticipatory bail in terms of proviso to Section 45 of the PMLA. Proviso to Section 45 of PMLA provides that the person who is under the age of sixteen years or is a woman or is sick or infirm or is accused either on his own or along with other co-accused of money-laundering a sum of less than one crore rupees, may be released on bail, if the special Court so directs - The All India Institute of Medical Sciences, Bhopal constituted a Medical Board. The Medical Board consisting of the experts of the fields of General Medicine, Orthopedics, Opthalmology and Cardiology examined the present applicant and accordingly, the report dated 29.1.2024 was submitted. As per the said report, the applicant has been found to be suffering with Ishemic Heart Disease (IHD) since 2015 with preserved EF, Hypothyroidism since 10 years and well controlled with medication and Bilateral Knee Osteoarthritis with Lumbar Spondylosis. The conclusion as mentioned in the Medical Report dated 29.1.2024 reveals that morbidities are under control with treatment and did not require any acute or active intervention at the point of examination. The medical report suggested that the applicant requires oral medication for the above health conditions with periodic evaluation. The aforesaid report is based on the opinion of the experts of different fields as mentioned hereinabove after subjecting the applicant to a thorough examination. Though the report does not suggest that any hospitalization is required at present, however, it has been opined that the difficulty in the movement of the present applicant is due to old age and Bilateral Osteoarthritis knee joints. It is discernible from the record that the present applicant is a person aged about 83 years. He has been examined by the Medical Board consisting of the experts of different fields. The Medical Board found that the applicant is suffering with aforesaid morbidities, though the Board has suggested that the said disorders can be kept under control with the aid of oral medication but the Medical Report also suggests periodic evaluation of the applicant's health. In the present case, in view of the aforesaid report of the Medical Board, it cannot be said with full proof that the applicant is hale and hearty and is in the state of suffering incarceration at the age of 83 years. Therefore, this Court is of the considered view that in terms of the proviso contained in Section 45 of the PMLA, the applicant is entitled to be enlarged on anticipatory bail under the following exceptional circumstances:- i. The applicant is aged about 83 years, ii. The applicant is suffering from Ishemic Heart Disease (IHD) since 2015 with preserved EF, Hypothyroidism and Bilateral Knee Osteoarthritis with Lumbar Spondylosis. iii. The applicant appeared before the respondent upon receiving the summons on two occasions i.e. on 5.9.2023 and 27.10.2023. iv. The complaint was filed against the applicant on 8.11.2023 i.e. within 10 days of applicant's appearance before the respondent on 27.10.2023. Taking into consideration, the aforesaid exceptional circumstances, this Court deem it proper to enlarge the applicant on anticipatory bail - Application allowed. Issues:The application for anticipatory bail under Section 438 of the Cr.P.C. due to apprehension of arrest in connection with offences under the Prevention of Money Laundering Act, 2002.Applicant's Contentions:The applicant, aged 83, claims innocence and false implication, citing health issues and cooperation with investigation. Medical report confirms multiple disorders requiring oral medication. Relies on precedents for bail eligibility.Respondent's Contentions:Opposes bail, citing colossal proceeds of crime, lack of entitlement due to alleged offences, and precedent cases where sickness did not warrant bail. Refers to medical report suggesting oral medication without hospitalization.Court's Analysis:Considering applicant's age, medical conditions, and cooperation with investigation, the Court finds exceptional circumstances warranting anticipatory bail. Medical report details health issues under control with oral medication. Applicant's appearances and property alienation timeline considered. Precedents show discretion in granting bail under PMLA.Decision:The applicant is granted anticipatory bail with conditions: personal bond, surrender of passport, non-alienation of properties, and compliance with Cr.P.C. provisions. Court emphasizes exceptional circumstances justifying bail for the aged applicant with documented health issues.
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