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2021 (4) TMI 1303 - DSC - Money LaunderingSeeking grant of bail - bail sought on medical grounds under Section 45 of PMLA - diversion of proceeds of crime - HELD THAT:- The applicant is currently taking medicines for Asthama, anxiety, APD and Hematuria. It is also taken into consideration that, again cases of COVID-19 is surge and situation is looking grim. In such situation, even if the applicant/accused No.5 would send to the any hospital for tests or otherwise, it would be harm to his life due to contagious disease like COVID-19. Therefore, special care and medication to the applicant/accused No.5 is need of an hour, else it will came serious prejudice to the life and limb of the applicant/accsued No.5 - On this count itself, the provisions of Section 45 sub-section (ii) of PML Act is invoked, which provides that, “where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: Provided that a person who is under the age of sixteen years or is a woman or is sick or infirm, may be released on bail, if the special court so direct”. Furthermore, fleeing away from justice and/or fleeing away out of country, can be taken care by directing the applicant/accused No.5 to surrender his passport before ED immediately and not to leave India without prior permission of the Court. The question of tampering and hampering of prosecution evidence does not arise, as respondent/ED has tendered private complaint before this Court and accordingly, this Court has taken cognizance of it - applicant/accused No.5 can be released on bail only on medical grounds, without going into merits of the matter, by imposing following conditions as to avoid further unwarranted results for proper medical care and treatment of the applicant/accused No.5. The application is allowed subject to conditions imposed.
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