2022 (9) TMI 1521 - HC - Indian Laws

Grant of extension of interim bail to the respondent for a period of six weeks - interim bail sought on medical grounds - HELD THAT - A bare perusal of the medical report reveals that the medical ailments suffered by the respondent duly stand noticed by the Medical Board. After noticing the details of the ailments suffered by the respondent, it has been categorically observed examination of the patient revealed stable vital parameters (BP-140/80 mmHg Pulse rate 78/min SpO 2-96% in room air) and physical examination of cardiovascular and respiratory systems were unremarkable. The Board members are of the opinion that at the given moment, patient s vitals are stable and he is doing well with the current treatment being given to him. As on 22.08.2022, it could not have been said that the treatment of the respondent was not feasible in any Government Hospital, in custody. Neither the condition of the respondent required immediate hospitalization. As such, the observations made by the learned Trial Court in the impugned order do not appear to be in the correct perspective - However, since it has now been informed by the learned senior counsel for the respondent that the respondent has again been hospitalized on 26.09.2022, it may not be appropriate to deprive the respondent of the benefit of interim bail till 30.09.2022 which has been granted by the learned Trial Court. The respondent is directed to surrender before the Superintendent Jail on the date of expiry of interim bail granted by the learned Trial Court. However, in case it is assessed that the respondent cannot be discharged due to his admission in the hospital on account of any aggravated medical condition or if the circumstances so require, the respondent shall continue to be admitted in the hospital in judicial custody till the time his condition improves. The same shall be further subject to evaluation of the medical condition of the respondent by the same Medical Board from Dr.RML Hospital within a period of one week from 30.09.2022 - List on 07.10.2022.

Summary

Issues Involved:

1. Legality of the extension of interim bail granted to the respondent.
2. Medical grounds for granting interim bail.
3. Compliance with Section 45 of the PMLA.
4. Evaluation of the respondent's medical condition by a Medical Board.
5. Continuity of medical treatment in custody.

Detailed Analysis:

1. Legality of the Extension of Interim Bail:

The petitioner, Directorate of Enforcement, filed a petition under Section 439(2) read with Section 482 Cr.PC to set aside the order dated 30.08.2022, which granted an extension of interim bail to the respondent for six weeks from 19.08.2022. The petitioner also sought a stay of proceedings before the Special Court, PMLA, regarding the respondent's application for further extension of interim bail.

2. Medical Grounds for Granting Interim Bail:

The respondent was granted interim bail on medical grounds multiple times. The court referred to its previous order dated 17.08.2022, which emphasized that interim bail should be granted only on compelling medical reasons. A Medical Board was directed to evaluate the respondent's medical condition to ensure the legitimacy of the medical grounds cited.

3. Compliance with Section 45 of the PMLA:

The court highlighted the strict provisions of Section 45 of the PMLA, which necessitate compelling reasons for granting bail. The petitioner's counsel argued that repeated interim bail on medical grounds was inconsistent with the legal standards set by Athar Parvez vs. State. The court noted that the respondent's medical condition should be thoroughly assessed to justify the bail.

4. Evaluation of the Respondent's Medical Condition by a Medical Board:

The Medical Board, constituted as per the court's direction, examined the respondent and submitted a report on 22.08.2022. The report indicated that the respondent had several medical conditions, including diabetes, hypertension, coronary artery disease, and others. However, it concluded that the respondent's vitals were stable and he was doing well with the current treatment.

5. Continuity of Medical Treatment in Custody:

The court noted that the respondent had been hospitalized again on 26.09.2022. Given this development, the court decided not to deprive the respondent of the interim bail benefit until 30.09.2022. The respondent was directed to surrender to the Superintendent Jail on the expiry date of the interim bail. If the respondent's medical condition required continued hospitalization, he would remain admitted in judicial custody until his condition improved. The Medical Board was instructed to re-evaluate the respondent's condition within a week from 30.09.2022.

The Superintendent Jail was also directed to ensure that the respondent received necessary medical treatment at "Max Hospital" at his own cost, ensuring continuity of care.

Conclusion:

The court's decision balanced the legal requirements under the PMLA with the respondent's medical needs. It emphasized the need for compelling medical reasons for bail and mandated a thorough medical evaluation to ensure compliance with legal standards. The respondent's interim bail was extended conditionally, subject to medical re-evaluation and continuity of treatment in judicial custody if necessary. The case was listed for further hearing on 07.10.2022.