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2023 (9) TMI 1452 - HC - Money LaunderingMoney Laundering - seeking grant of bail - bail sought on medical grounds - right to medical treatment - HELD THAT - The petitioner like any other citizen has a right to get effective and proper medical treatment this court also cannot lose sight of the fact that a person is presumed to be innocent till he is proven guilty. The petitioner is yet to be announced guilty and therefore proper medical treatment cannot be denied to him. However this court is also conscious of the serious allegations against him and the gravity with which the legislation has viewed such offences. In the totality of the facts and circumstances and in view of the advice of the BLK-Max Super Speciality Hospital the court disposes of the present application with the following directions - a) The Superintendent Jail shall take custody of the petitioner from VNA Hospital situated at 1 Navjeevan Vihar Geetanjali Enclave Malviya Nagar today before 8 p.m. in a proper ambulance taking care of his medical condition. The ambulance should be accompanied by a doctor and proper medical facilities. b) The petitioner if required shall be taken to VNA Hospital situated at 1 Navjeevan Vihar Geetanjali Enclave Malviya Nagar as an OPD patient for removal of stitches as advised by Dr. Abhishek Kumar Mishra. c) The petitioner shall be taken in custody for follow-up with Operating Spine Surgeon for post-operative spine review as and when required. d) The Superintendent Jail shall strictly follow up the medical advice as given in the discharge summary of BLK-Max Super Specialty Hospital; and e) The petitioner be also taken for rehabilitation sessions twice a week at Centre for Sports Rehabilitation VNA Hospital situated at 1 Navjeevan Vihar Geetanjali Enclave Malviya Nagar for gait training on an anti-gravity treadmill and strengthening on isokinetic machine. f) The petitioner be provided appropriate medical treatment as per rules. Application disposed off.
Issues involved:
The issues involved in the judgment include modification of a previous court order regarding medical treatment of the petitioner, the right to proper medical treatment of an accused individual, and the custody arrangements for the petitioner post-discharge from the hospital. Modification of Court Order: The petitioner sought modification of the court order to change the hospital for medical treatment. The court considered the submissions of the petitioner's senior counsels, who argued for the petitioner's precarious medical condition and the need for continued treatment under a specific doctor at a different hospital. The respondent opposed the application, emphasizing the previous court order directing the petitioner to remain hospitalized until discharged. The court reviewed the discharge summary from the previous hospital and acknowledged the need for follow-up care. Despite the serious allegations against the petitioner, the court recognized the right to proper medical treatment. Consequently, the court granted the modification allowing the petitioner to be admitted to a different hospital for treatment and follow-up care. Custody Arrangements Post-Discharge: In light of the modification, the court issued specific directions for the custody arrangements of the petitioner post-discharge. The Superintendent Jail was instructed to take custody of the petitioner from the new hospital in an ambulance with medical facilities. The petitioner was permitted to visit the hospital as an OPD patient for necessary medical procedures. Additionally, the petitioner was directed to follow up with the Operating Spine Surgeon for post-operative spine review as required. The Superintendent Jail was mandated to adhere to the medical advice provided in the discharge summary from the previous hospital. Moreover, the petitioner was required to attend rehabilitation sessions twice a week at a designated center for sports rehabilitation. The court ordered the petitioner to bear the expenses for his medical treatment and follow-up care. Medical Examination and Reporting: Furthermore, the court directed that the petitioner undergo a medical examination by a medical board within two weeks. The report from the examination was to be sent to the Court, the petitioner, the Enforcement Directorate (ED), and the Central Bureau of Investigation (CBI). The concerned investigating officers were instructed to coordinate with the medical board at the All India Institute of Medical Sciences (AIIMS). With these directions, the court disposed of the application and ordered the issuance of the order copy under the Court Master's signature.
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