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2022 (10) TMI 1210 - HC - Indian LawsGrant of extension of interim bail - HELD THAT - A bare perusal of order in RAJ SINGH GEHLOT VERSUS DIRECTORATE OF ENFORCEMENT 2022 (9) TMI 1522 - SC ORDER passed by the Hon ble Supreme Court of India reflects that interim protection granted by the High Court has been directed to continue and there does not appear to be any ambiguity in this regard. Thus, no further clarification in this regard is required from this Court as no observations appear to have been expressed by the Hon ble Supreme Court of India in respect of order dated 28.09.2022 regarding evaluation of the medical condition of the respondent by the Medical Board of Dr.RML Hospital. The same was made to ensure that the protection on medical grounds is not misused in any manner. The petitioner shall be at liberty to get the respondent examined from the Medical Board, Dr.RML Hospital at Max Hospital, wherein respondent is admitted, subject to orders of the Hon ble Supreme Court of India - petition disposed off.
Issues:
1. Petition to set aside extension of interim bail. 2. Interpretation of orders by Hon'ble Supreme Court and Special Judge. 3. Examination of respondent by Medical Board. Analysis: 1. The judgment pertains to a petition filed by the Directorate of Enforcement seeking to set aside the extension of interim bail granted to the respondent by the ASJ-06, Patiala House Court, New Delhi. The petition was filed under Section 439(2) read with Section 482 Cr.P.C. The High Court considered the plea and the relevant orders passed by the Supreme Court and a Special Judge in this regard. 2. The learned senior counsels for the respondent referred to the order passed by the Hon'ble Supreme Court of India in a related matter. The Supreme Court order directed that the interim protection granted by the High Court should continue until a specified date. The Supreme Court clarified that the pendency of the special leave petition or the High Court's order should not hinder the consideration of the petitioner's application for regular bail. Additionally, a reference was made to an order passed by a Special Judge seeking clarification on the High Court's order. 3. The High Court analyzed the Supreme Court's order and noted that there was no ambiguity regarding the continuation of the interim protection granted by the High Court. However, the petitioner raised concerns about the examination of the respondent by the Medical Board of Dr. RML Hospital, as directed by the High Court. The High Court opined that no further clarification was needed from their end, as the Supreme Court did not make any observations regarding the medical evaluation directive. The High Court allowed the petitioner to have the respondent examined by the Medical Board at Dr. RML Hospital, where the respondent was admitted, subject to the Supreme Court's orders. The respondent's counsels did not object to this arrangement. In conclusion, the High Court disposed of the petition as per the requests made by the parties, as the respondent had already approached the Hon'ble Supreme Court of India. The judgment provided clarity on the continuation of interim protection, the examination of the respondent by the Medical Board, and the interaction between the orders of different judicial authorities in the case.
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