83-year-old gets anticipatory bail under PMLA Section 45 for being sick and infirm

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 Bhopal examined the applicant and found him suffering from Ischemic Heart Disease, Hypothyroidism, and Bilateral Knee Osteoarthritis with Lumbar Spondylosis. Though conditions were controlled with medication, the court considered the applicant's advanced age, medical conditions, compliance with summons, and timing of complaint filing as exceptional circumstances warranting bail relief under the statutory provision.

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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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