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TMI Blog2021 (4) TMI 69X X X X Extracts X X X X X X X X Extracts X X X X ..... d 15.08.2020 of the Senior Medical Officer of Central Jail, 11 Mandoli, Delhi points out extreme urgency of surgical intervention for ailment of the accused-applicant - Mr. Lalit Kumar, the Senior Medical Officer, Central Jail, 11 Mandoli, Delhi is cautioned to remain careful in future, while issuing medical report in respect of an accused as the same may be used for an accused to obtain favourable order from the Court. The Director, AIIMS, in his affidavit dated 14.02.2021 has stated that the accused-applicant was mounting pressure upon the authorities and Doctors of the AIIMS for admission, but none of the Departments recommended for his admission or surgery - the accused-applicant then submits that he would not like to press this second application for interim bail on medical ground and, he prays that the same may be dismissed as withdrawn. This second application for interim bail is dismissed as withdrawn. - Misc. Application No. 9728 of 2021, Case :- BAIL No. - 1072 of 2021, BAIL No. - 5974 of 2020 - - - Dated:- 12-3-2021 - Hon'ble Dinesh Kumar Singh, J. For the Applicant : Pranshu Agrawal,Alok Kumar Singh,Manoj Singh,Mohd. Yasir Abbasi, Alok Kumar Singh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ote of the aforesaid medical report and the order dated 17th September, 2020 passed by the Delhi High Court in Bail No.2345 of 2020 and Crl. M.A. No.12643 of 2020, granting interim bail of 10 weeks to the accused on the basis of the said medical report, granted the accused-applicant interim bail of 6 weeks or till he was recovered, whichever was earlier, from the date of his release on furnishing a personal bond of ₹ 1 Lakh and two sureties, each in the like amount, to the satisfaction of the Special Court, P.M.L.A., Lucknow to get treated himself at the All India Institute of Medical Sciences, New Delhi as the medical report issued by the Senior Medical Officer mentioned that the accused needed to be treated for surgery at a Higher Referral Centre. 5. This Court also directed the accused-applicant to report at the AIIMS, New Delhi, soon after his release from prison, for his medical treatment and after his discharge from AIIMS, New Delhi or on expiry of 6 weeks, whichever was earlier, he should surrender before the designated PMLA Court forthwith. The following directions were issued in the aforesaid order dated 14th October, 2020 passed by this Court:- 7.1 Director, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... please. 7. In the meantime, the regular bail application, being Bail No.5974 of 2020, filed by the accused-applicant, was dismissed by this Court vide order dated 9th December, 2020. Against this dismissal order, the accused-applicant preferred a petition being Special Leave to Appeal (Crl.) No.531 of 2021 before the Supreme Court. The Supreme Court vide order dated 19th January, 2021 dismissed the said special leave petition with the following order:- On hearing learned senior counsel for petitioner, we see no reason to doubt the impugned order. Learned counsel for the petitioner submits that the petitioner was enlarged on interim bail on medical grounds pending the consideration of the main bail petition and in view of the dismissal of the main petition, the interim order stands merged in the same and thus, the petitioner would have to surrender. In our view, this is really a problem of his own making in having pursued the matter for the mail bail petition rather than seeking extension of interim bail on medical grounds. Be that as it may, we permit the petitioner to move the High Court seeking interim bail on medical grounds and since the petitioner would have to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his report dated 15th August, 2020 issued in favour of the accused-applicant in the light of report dated 23rd December, 2020 sent by the Director, AIIMS, New Delhi to this Court. The notice on behalf of the accused applicant was accepted by his Advocate, Mr. Manoj Singh, who was present in the Court and, he also sought time to file response to the application filed by the Enforcement Directorate. 12. The accused-applicant, in response to the notice issued, had filed affidavit. 13. This Court, vider order dated 05.02.2021, directed the Director, AIIMS, New Delhi to submit his response to the affidavit filed by the accused-applicant. 14. The Director, AIIMS had submitted his affidavit dated 14.02.2021, stating therein that after the report dated 23.12.2020 was forwarded by the Director, AIIMS, New Delhi to this Court, the accused-applicant visited AIIMS, New Delhi only on 29.12.2020 for treatment as advised on 15.12.2020. On various dates proper diagnosis of the accused-applicant was made at AIIMS, New Delhi but no urgency was found for admission. It was also mentioned that the accused-applicant was mounting pressure upon the authorities and Doctors of the AIIMS, New Delhi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... investigation conducted by private labs. 16. Dr. Lalit Kumar, Senior Medical Officer, Central Jail, 11 Mandoli, Delhi in his affidavit, in response to the affidavit filed by the Director, AIIMS, New Delhi had stated that his report was not at variance with the reports dated 23.12.2020 and 22.01.2021 of AIIMS, New-Delhi. He submitted that his report dated 15.08.2020 in view of the order dated 14.08.2020 passed by the Additional Sessions Judge-05 (East District), Karkardooma Court and Delhi and, his report was prepared on the basis of the previous medical history of the inmate. 17. This Court finds that the Senior Medical Officer, in his report dated 15.08.2020, has specifically opined that the accused-applicant was required to be worked at for surgery since surgical issue had got deteriorated which means that accused needed urgent surgery at a High Referral Hospital. This report became the basis for enlarging the accused-applicant on interim-bail by the Delhi High Court vide order dated 17.09.2020 passed in Bail No.2354 of 2020 and Criminal M.A. No.12643 of 2020 as well as the order dated 14.08.2020 passed by this Court. 18. The Doctors, posted at the Jail Hospital, are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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