2020 (10) TMI 1225 - HC - Money Laundering

Grant of Interim Bail - precarious medical condition of the accused-applicant - HELD THAT - As per the medical report which has been taken into consideration by the Delhi High Court while granting interim bail, it appears that the accused-applicant is required some surgical treatment for his ailment and, it would be appropriate to provide interim bail for medical treatment pending this bail application for final order. Considering the medical health of the accused-applicant, Anil Kumar Sharma involved in Case No.ECIR/06/PMLA/LKZO/2019 under Section 3/4 Prevention of Money Laundering Act, 2002, P.S. Enforcement Directorate, Lucknow Zone is released on interim bail for six weeks or till he is recovered, whichever is earlier, from the date of his release on his furnishing a personal bond of ₹ 1,00,000/- and two sureties of the like amount to the satisfaction of the Special Court (P.M.L.A.), Lucknow to get himself treated at AIIMS, New Delhi - Application allowed.

Summary

Issues:
1. Interim bail application based on medical condition.
2. Opposing party's objection to interim bail.
3. Consideration of medical report for granting interim relief.
4. Conditions imposed for interim bail.
5. Directions for medical treatment during interim bail.
6. Access to accused by investigating officer during treatment.
7. Prohibition on influencing witnesses and tampering with evidence.
8. Non-precedent setting of the order.
9. Case not tied to the current bench.
10. Procedure after discharge from medical treatment.

The judgment revolves around an application for interim bail due to the deteriorating medical condition of the accused-applicant. The counsel for the applicant highlighted the precarious health status of the accused, supported by a medical report indicating the need for specialized treatment not available in jail. The Delhi High Court's previous order granting interim bail based on medical grounds was also cited. On the contrary, the counsel for the Enforcement Directorate vehemently opposed the interim bail, emphasizing the accused's involvement in a significant financial scam and the potential influence on the ongoing investigation. The court considered both arguments and the medical report, concluding that the accused required surgical treatment, justifying the grant of interim bail for medical reasons.

The court granted the accused interim bail for six weeks or until recovery, upon furnishing a personal bond and sureties. The accused was directed to seek treatment at AIIMS, New Delhi, and surrender immediately after discharge. The court instructed the AIIMS Director to form a medical team for the accused's treatment, with the accused bearing the treatment costs. The investigating officer was granted access to the accused during treatment if necessary, with strict instructions against witness tampering or evidence tampering. The accused was warned to cooperate with the Enforcement Directorate and surrender promptly after discharge to avoid arrest.

The judgment clarified that it should not be considered a precedent for future cases, based on the unique circumstances and medical reports presented. It was also specified that the case was not tied to the current bench. After discharge from AIIMS, either party's counsel could request a final disposal of the matter. The court ordered copies of the judgment to be sent to the Central Jail Superintendent and AIIMS Director for compliance with the directives outlined in the order.