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Issues: (i) Whether interim bail should be granted on the basis of the wife's post-operative medical condition and need for care; (ii) Whether the applicant's knee condition justified interim bail or only treatment while in custody.
Issue (i): Whether interim bail should be granted on the basis of the wife's post-operative medical condition and need for care.
Analysis: The applicant had already availed interim bail for a substantial period on the ground of his wife's surgery and post-operative care. The surgery had been completed, and the remaining complications were considered capable of being managed through medication and by family members. No compelling circumstance was found to justify repeated extension of interim bail for that purpose.
Conclusion: Interim bail was not warranted on the ground of the wife's medical condition.
Issue (ii): Whether the applicant's knee condition justified interim bail or only treatment while in custody.
Analysis: The Court applied the proviso to Section 45 of the Prevention of Money Laundering Act, 2002 and the settled principle that medical bail is reserved for sickness or infirmity of a life-threatening nature that cannot be adequately treated in custody. The applicant's knee ailment and proposed surgery were held not to be life-threatening, and the surgery could be arranged while he remained in custody under jail supervision.
Conclusion: Interim bail was not justified on the basis of the applicant's knee condition, but he was permitted to undergo the surgery in custody and seek fresh directions after rescheduling.
Final Conclusion: The request for interim bail failed, but limited custodial medical facilitation was allowed, and the proceedings were disposed of.
Ratio Decidendi: Interim bail on medical grounds under the proviso to Section 45 of the Prevention of Money Laundering Act, 2002 is justified only where the sickness or infirmity is grave, life-threatening, and not amenable to adequate treatment in custody.