2022 (9) TMI 1272 - HC - Money Laundering

Seeking grant of Interim Bail - applicant had suffered an incident on 14th July, 2022 of fainting and frothing from mouth with numbness of his limbs - whether the treatment in jail was unsatisfactory or inadequate? - HELD THAT - The Supreme Court in State of UP 2020 (10) TMI 1281 - SUPREME COURT was dealing with an appeal against an order passed by the Allahabad High Court, Lucknow Bench granting interim bail to an accused on medical grounds for a period of two months while directing the listing of the regular bail application for hearing. Here too the regular bail application has been listed for hearing on 26th September, 2022 in which bail has been sought on the merits of the case along with the interim bail application moved on grounds of ill health. This application as noted above is the second one pleading medical grounds. The decision of the Supreme Court has a direct bearing to this case. From the Status Report, it is amply clear that even the incident of 14th July, 2022 was dealt with promptly and effectively by the jail authorities and neither the doctors at DDU Hospital nor at the RML Hospital considered his condition to be of such a serious nature to call for hospitalisation. They rather advised review in Neurology and Medicines OPD. The Neurologist at GB Pant Hospital has advised neurosurgery evaluation, which it appears is yet to be carried out - there is nothing in the Status Report which would suggest to this Court that treatment was unsatisfactory or inadequate. No case has been revealed justifying directions for treatment of the applicant at any other hospital/medical institute. The documents that have been placed on the record by the applicant, are of doctors at Indore and in the application, he has sought interim bail to get himself neurologically evaluated in his home town Indore Madhya Pradesh . While not doubting the capabilities of the doctors at Indore nor the standard of medical care available at Indore, it would be absurd to hold that the otherwise able doctors at GB Pant Cardiology and Neurology Departments would have a lower degree of skill than the doctors at Indore, to evaluate the condition of the applicant and prescribe adequate treatment. The present condition of the applicant is also reported to be stable - No ground whatsoever has been made out for grant of interim bail. The present application is dismissed.

Summary

Issues:
Interim bail application due to medical grounds under PMLA.

Analysis:
1. The petitioner moved an application for interim bail on medical grounds during the pendency of a regular bail application under the Prevention of Money Laundering Act, 2002 (PMLA).
2. The petitioner's counsel argued that due to the petitioner's medical condition, urgent interim bail was necessary for eight weeks to consult his previous doctor for neurological illnesses.
3. The respondent contended that the medical condition of the petitioner was stable, and there was no inadequacy in the treatment provided by the jail authorities, citing various legal judgments.
4. The court considered the medical report, previous judgments, and the nature of offenses under PMLA while evaluating the interim bail application.
5. Referring to a Supreme Court case, the court emphasized the need to establish inadequacy in medical treatment to grant interim bail on medical grounds.
6. The court noted the medical history of the petitioner, the treatment provided in jail, and the stable condition reported in the medical report.
7. It was observed that the incident on 14th July, 2022, was promptly addressed by jail authorities and medical professionals, with ongoing treatment and recommendations for further evaluation.
8. The court found no grounds justifying the need for interim bail based on the medical reports and treatment provided, ultimately dismissing the application.
9. A direction was given to obtain neurological evaluation from a specific hospital and present it for consideration during the hearing of the regular bail application.

This detailed analysis covers the arguments presented by both parties, the legal principles applied by the court, and the specific medical details considered in the judgment.