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2024 (5) TMI 420 - BOMBAY HIGH COURTSeeking grant of bail on medical grounds - money laundering - Petitioner's severe health condition (duodenal cancer) and his wife’s terminal illness, exacerbating his mental distress - invocation of first proviso to Section 45 (1) of PMLA - HELD THAT:- In the light of the medical record and opinions, it would be audacious to hold that the applicant is not sick. The applicant is suffering from cancer. Given the situation in life of the applicant, including his age and other ailments that he is suffering from, as well as the critical condition of the applicant’s wife Anita, the applicant has not opted for the preferred treatment, which is also fraught with risk. The applicant claims to be 72 years of age. Advanced age brings in its trail associated ailments and infirmities. The physical ailments, in the instant case, seem to have been compounded by the critical condition of the applicant’s wife. The matter cannot be looked at from the perspective as to whether the applicant is getting adequate treatment at the hospital. Undoubtedly, the applicant is getting the treatment at the hospital of his choice. The medical opinions/reports do not indicate that the applicant requires further specialised treatment at even more specialised centre/hospital. However, to evaluate the prayer for bail on the said consideration alone, would be taking a very constricted view of the matter. There is a qualitative difference between the treatment which a person gets as an under trial prisoner and as a citizen under no restraint. The upshot of aforesaid consideration is that the peculiar facts of the case: the age of the applicant, the disease he is suffering from, the treatment recommended for the said disease, other ailments the applicant is suffering from and the situation in life brought about by the life threatening disease the wife of the applicant is suffering from, cumulatively justify exercise of discretion vested in the Court under the proviso to section 45 (1) of PMLA. The applicant can be released on bail for a limited period to avail the treatment for the cancer he is suffering from and attend to his wife, who is also suffering from cancer of an advanced grade. Application allowed in part.
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