2022 (12) TMI 1524 - HC - Money Laundering

Seeking grant of Interim Bail - bail sought on the ground of medical condition during the pendency of the proceedings - HELD THAT - It is correct that the report states that the general condition of the inmate/patient is stable and all the medicines is being provided by the CJ-07 Dispensary. However, at the same time this report makes it clear that the date for the MRI SL Spine with SL Joint has been scheduled for 08.12.2023 - It is also a matter of record that G.B. Pant Hospital did not accept the request for an early date of appointment for MRI LS Spine. It is no doubt true that the allegations against the accused are serious in nature. This court makes it clear at the outset that this Court has not gone into merits of the case. The seriousness of the allegations against the accused shall certainly be examined in light of the twin conditions as provided under Section 45 PMLA at the time of the decision of the pending bail application. The kind of ailments which have been informed that the petitioner suffering from are really very painful and needs immediate redressal. Therefore this Court, without going into the merits of the case and only on a limited point that let the petitioner get his suitable neurology examination conducted, is inclined to grant the interim bail on medical grounds. It is also pertinent to mention here that after earlier interim bail application was dismissed by this Court in September, 2022, the authorities tried for further neurological evaluation. But the date for MRI is given of December, 2023. Hence, this Court cannot ask the petitioner to wait for further one year only for advance neurological test. This court also directs the authorities to look into the matter with promptness to ensure that such long dates are not given for the medical examination or the prisoners - It is clarified that the interim bail on medical grounds is granted on the peculiar facts and circumstances of the case and will definitely not be taken as a precedent. The petitioner is admitted to interim bail on medical grounds till 10th February, 2023 subject to fulfilment of conditions imposed - application allowed.

Summary

Issues Involved:
1. Interim bail application on medical grounds.
2. Medical condition and treatment of the petitioner.
3. Opposition by the respondent.
4. Legal precedents and statutory provisions.
5. Court's discretion and conditions for granting bail.

Issue-wise Detailed Analysis:

1. Interim Bail Application on Medical Grounds:
The petitioner, aged about 59 years, sought interim bail due to various ailments, particularly spine and back issues, which have worsened during incarceration. The petitioner argued that he has not received proper treatment in jail, citing an MRI conducted on 03.02.2021 and subsequent medical supervision.

2. Medical Condition and Treatment of the Petitioner:
The petitioner suffers from serious lumbar pain, diagnosed with PIVD (Prolapsed Intervertebral Disk), LCS (Lumbar Canal Stenosis) L-3, L-4, L-5, and L5-S1, causing nerve compression, immense pain, and limb stiffness. Despite hospitalization and constant medical supervision before arrest, the petitioner's condition deteriorated in jail. The medical board at G.B. Pant Hospital noted significant decreases in strength and sensory powers due to lack of treatment. The petitioner’s MRI was scheduled for 08.12.2023, with no neurosurgery evaluation conducted yet.

3. Opposition by the Respondent:
The respondent vehemently opposed the bail application, arguing that there was no significant change in circumstances since the previous bail application was dismissed. The petitioner’s condition was deemed stable, with only oral medication prescribed. The respondent referenced multiple judgments to argue that interim bail should not be granted in such cases, emphasizing the strict conditions under Section 45 of PMLA.

4. Legal Precedents and Statutory Provisions:
The respondent cited several judgments, including State vs. Jaspal Singh Gill and State of U.P. vs. Gayatri Prasad Prajapati, to support the argument against granting interim bail. The court acknowledged the seriousness of the allegations and the twin conditions under Section 45 PMLA, which require reasonable grounds to believe the petitioner is not guilty and will not commit any offense while on bail.

5. Court's Discretion and Conditions for Granting Bail:
The court emphasized the paramount importance of health, stating that custody during investigation should not be punitive. Article 21 of the Constitution guarantees the right to live with dignity, including adequate medical treatment. The court granted interim bail, noting the petitioner’s serious ailments and the delay in medical evaluations. Conditions for bail included furnishing a bail bond, staying within the National Capital Region, remaining available for contact, not tampering with evidence, and surrendering by 10th February, 2023.

Conclusion:
The court granted interim bail on medical grounds, highlighting the need for immediate medical treatment and the right to health under Article 21. The decision was made without delving into the merits of the case, ensuring the petitioner’s medical needs are met while maintaining legal safeguards. The interim bail was granted with specific conditions to prevent misuse and ensure compliance with judicial processes.