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6. The petitioner was arrested in the present case on 28th September 2022. The Ld. Trial Court took cognizance of the predicate offences vide its Order dated 15th December 2022 and of the offences alleged under the ECIR vide order dated 20th December 2022.

7. During the pendency of the Trial of matter arising out of the ECIR, the petitioner sought and was granted interim bail on 28th February 2023 on medical grounds for undertaking surgery for removal of gall bladder stones and for the treatment of his back pain and other ailments. Since the petitioner was advised to undergo another surgery for his lower back, he sought an extension of interim medical bail and the same was granted by the Ld. Trial Court vide order dated 18th April 2023 till 1st May 2023. The petitioner is on interim bail since 28th February 2023 yet in constructive judicial custody and by way of the instant application, he is seeking extension of his interim bail on account of his deteriorating medical condition.

26. It has been further submitted that the application by the petitioner for an extension of interim bail on medical grounds was dismissed by the Coordinate Bench of this Court on 27th April 2023.

27. Learned counsel for the respondent contended that Section 45 of the PMLA is a mandatory provision and cannot be dispensed with in the present case. He drew the attention of this Court towards the landmark judgment of Vijay Madanlal Choudhary v. Union of India, 2022 SCC OnLine SC 929 wherein the Hon‟ble Supreme Court upheld the provisions of PMLA stating that the object of the Act is to punish the offender proportionately and to create a deterrent effect. The Court held as under:

28. Learned counsel for the respondent finally submitted that the petitioner is involved in a heinous crime and has not satisfied the twin conditions enumerated in Section 45(1) of the PMLA and therefore, in the instant application interim bail may not be granted to him.