In plain words: even when regular bail is hard under Section 45, another door can open — serious illness or compelling personal circumstances. Interim and medical bail can provide relief when it is genuinely needed.
Interim bail
Interim bail is temporary release granted for a limited period or purpose — for example, a medical emergency, a death in the family, or while a regular bail plea is being decided. It recognises that justice cannot be blind to urgent human needs.
Medical bail
Where an accused suffers from a serious illness that cannot be adequately treated in custody, courts have granted medical bail on humanitarian grounds — even in PMLA cases, and even where the Section 45 twin conditions would otherwise be a hurdle. The right to life and health carries real weight.
Grounds that can succeed
- A serious or life-threatening medical condition, supported by proper medical records.
- Inadequate treatment facilities in custody.
- Advanced age or infirmity.
- Genuine, pressing family emergencies (for interim bail).
What strengthens such a plea
- Solid medical evidence — hospital records, specialist opinion, and the need for specific treatment.
- Willingness to accept conditions — surrender of passport, reporting, sureties.
- Showing the request is genuine, not a device to delay.
A humane safety valve
These forms of bail reflect that custody must never become inhumane. Where health or a true emergency is at stake, they offer a route even in otherwise difficult PMLA cases.
Frequently asked questions
Can a seriously ill accused get bail despite Section 45? Courts have granted medical bail on humanitarian grounds in appropriate cases.
Is interim bail permanent? No — it is temporary, for a limited period or purpose.
What evidence is needed? Credible medical records and, often, independent medical assessment.
How Vakil Help Desk helps
Vakil Help Desk advises and defends clients at every stage of a PMLA matter — summons, attachment, arrest, bail and trial. If the ED has contacted you or you fear action, we can help you protect your position.
This article is for general legal awareness, not individual legal advice. PMLA proceedings move fast and the law is evolving through court rulings and notifications, so the right step depends on your facts and the current position. If you have received an ED notice or fear action, consult a lawyer immediately.