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2023 (10) TMI 532 - HC - Money LaunderingSeeking grant of anticipatory bail - bail sought on medical grounds - Money Laundering - Scheduled offences - applicability of Section 45 of Prevention of Money Laundering Act, 2002 - HELD THAT:- It is relevant to note that in the case of Gayatri Prasad Prajapati [2020 (10) TMI 1281 - SUPREME COURT] the High Court had passed the impugned order without considering the report of SGPGI. The Hon’ble Supreme Court observed that SGPGI is a super specialty hospital and it had reported that the accused’s glycaemia was better controlled, hypertension was well controlled, pulmonary consultation had been completed and only urology workup was going on and, therefore, the Hon’ble Supreme Court set aside the order passed by the High Court. Moreover, even Section 45 PMLA has a Proviso appended to it which provides that a person who is sick, may be released on bail even by the special court. The applicant was granted interim anticipatory bail keeping in view his medical conditions only, which claim stands fortified by the subsequent reports submitted by the medical board constituted by five expert doctors of SGPGIMS in furtherance of an order passed by this Court. As has already been noted above, this court lacks the requisite expertise to doubt the reports submitted by SGPGI. The subsequent documents relating to medical condition of the applicant annexed with the supplementary affidavit indicate that the applicant continues to be seriously ill. The allegations of a witness being influenced have been emphatically denied on behalf of the applicant. The applicant has been granted anticipatory bail in Case Crime No. 119/2023, under sections 409, 420, 467, 468, 471, 120-B I.P.C., P.S. Hazratganj, District Lucknow, which is the scheduled offence - this court finds no reason to vacate the interim anticipatory bail granted to the applicant by means of order dated 30.05.2023. The application for anticipatory bail is allowed.
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