2024 (7) TMI 556 - HC - Money Laundering

Money Laundering - seeking interim bail on medical grounds - absence of an opinion from the experts - Section 45 (1) of the PMLA - HELD THAT - his Court finds that evidently in terms of the report of the Deputy Superintendent, Central Jail No. 7, Tihar, Delhi, the dietary requirements for the health and survival of the petitioner are being provided only partially to him. If the remarks/opinion of the Doctors at DDU Hospital are believed, the provision of a strict diet is very critical and essential for the adequate recovery of the petitioner since the surgery has led to removal of 75% of stomach - It is brought forth that the applicant has been experiencing fever and deranged blood glucose level besides the fact that there has been several episodes of blood vomiting. In the case of PAWAN @ TAMATAR VERSUS RAM PRAKASH PANDEY ANR. 2002 (5) TMI 890 - SUPREME COURT , the Supreme Court had an occasion to hold that the discretion vested in the courts to grant bail on medical grounds should be exercised in a sparing and cautious manner. It was observed that every nature of sickness would not entitle the accused to be released on bail unless it is demonstrated that the sickness is of such nature that if the accused is not released, he cannot get proper treatment. In a decision by this Court tilted Sanjay Jain (JC) v. Enforcement Directorate 2023 (6) TMI 1324 - DELHI HIGH COURT , it was held that the right of an individual to be released on interim bail on medical grounds arises when specialized treatment becomes necessary and the same cannot be provided by the jail authorities. On a conspectus of the report dated 14.06.2024 by the Medical Board of the AIIMS as also the treating Doctors at DDU Hospital as per the prescription dated 21.06.2024, besides the medical history of the applicant, the answer should be in the affirmative. It is but manifest that the dietary requirements of the applicant are such that they cannot be provided in the jail premises. Considering that the petitioner has undergone surgery on 09.04.2024, post Bariatric Surgery, he needs to be given a proper diet in order to attain adequate physical, mental and psychological well-being for at least a period of 3 to 4 months - There is no gainsaying that providing home cooked food on an every day basis for a long duration is fraught with several technical hurdles at the jail premises. This court is inclined to allow the application for interim bail on medical grounds for a period of six weeks from the date of his release from jail, subject to the fulfilment of terms and conditions imposed - application disposed off.

Summary

Issues Involved:
1. Entitlement to interim bail on medical grounds under Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA) read with Section 439 of the Code of Criminal Procedure, 1973 (Cr.PC).

Issue-wise Detailed Analysis:

1. Entitlement to Interim Bail on Medical Grounds:

Medical Status Report:
The Medical Status Report from the Superintendent of Jail highlighted the applicant's severe health conditions, including being an operated case of Bariatric Sleeve Gastrectomy, history of Coronary Artery Disease, Obstructive Sleep Apnoea, Diabetes, Syncope, and Hepatomegaly. The report detailed multiple instances of the applicant's complaints of vomiting, pain, and episodes of blood in vomitus, emphasizing the necessity of a specific diet for recovery.

Initial Court Observations:
The Court, in its order dated 07.06.2024, noted the applicant's severe health conditions and directed the Director of AIIMS to constitute a Medical Board to evaluate the applicant's medical condition. The Jail Superintendent was instructed to provide all medical records to the Medical Board, and the petitioner was to be presented before the Board for evaluation. The Medical Board was to report whether the applicant's ailments required specialized care that could not be provided in the jail.

Medical Board Report:
The Medical Board's report dated 14.06.2024 and subsequent evaluations at DDU Hospital indicated that the applicant's strict dietary requirements post-Bariatric Surgery were critical for his recovery. The report emphasized the necessity of a specific diet comprising complex cereals, protein-rich intake, and avoidance of certain foods, which the jail facilities were unable to adequately provide.

Arguments by Counsel:
The petitioner's counsel argued that the jail was ill-equipped to meet the dietary requirements essential for the applicant's recovery, citing the Medical Board's report and the dietary chart provided by the jail, which was insufficient. The respondent's counsel contended that the petitioner had previously been granted interim bail on medical grounds and could not seek bail repeatedly on the same grounds. They suggested that special dietary requirements could be met through home-cooked food brought to the jail.

Court's Analysis:
The Court acknowledged the severe health conditions of the petitioner and the inadequacy of jail facilities to provide the necessary dietary requirements. It referred to precedents where interim bail was granted on medical grounds when specialized treatment was necessary and could not be provided in jail. The Court emphasized that the health of the petitioner was paramount and that adequate and effective treatment was a fundamental right.

Decision:
The Court concluded that the applicant's medical condition warranted interim bail, as the specialized dietary requirements essential for his recovery could not be met in jail. The Court granted interim bail for six weeks with specific conditions, including furnishing a personal bond, appearing before the court as directed, providing a working mobile number, not leaving the country, not indulging in criminal activity, and not tampering with evidence.

Conclusion:
The application for interim bail on medical grounds was allowed for six weeks, subject to compliance with the specified conditions. The Court emphasized the necessity of providing adequate medical care and dietary requirements for the petitioner's recovery, which could not be adequately met in jail.