9911796707
TMI Blog2021 (4) TMI 69X X X X Extracts X X X X X X X X Extracts X X X X ..... al ground. 3. The learned counsel for the accused-applicant placed reliance on the medical report of the accused-applicant dated 15th August, 2020 issued by the Senior Medical Officer, Central Jail, 11 Mandoli, Delhi, which reads as under:- "Sub: Regarding present Medical Status of pt/inmate Anil Kumar Sharma S/o M M Sharma In reference of the communication received at the Office of the undersigned regarding present medical status of pt/inmate Anil Sharma, S/o M. M. Sharma, following points in this regard may be noted as below:- "1 Pt/inmate is a known case of Multi system ailments for which he is being regularly followed at the Jail OPD and provided treatment. 2. His multi system ailments include Hypertension, Dyslipidemia and Swelling in the right Inguinal region along with pain in the perinatal region. 3. He also has Osteoarthritis knee. 4. At present pt/inmate is having chief complaint of pain in the right sided inguinal region which has also started involving both of the testes. 5. He has been put on regular analgesics for pain but issue still persists. 6. As can be realized, pt/ inmate needs to be worked up at Higher Referral Centre for the Surgery since his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all not influence any witness and tamper with evidence and he shall cooperate with E.D. Soon after discharge, if he does not surrender before the designated Court, he shall be arrested forthwith." 6. The accused-applicant was released from prison on 8th December, 2020 in pursuance of the order dated 14th October, 2020 passed by this Court. The accused-applicant reported at AIIMS, New Delhi only on 15th December, 2020. The accused-applicant was examined by Experts of three departments i.e. Surgery, Medicines, and Orthopedics and, was advised treatment. Thereafter, the accused-applicant did not report back at AIIMS, New Delhi. The Director, AIIMS, New Delhi sent his report dated 23rd December, 2020 to this Court in compliance of the order dated 14th October, 2020. The report of the Director, AIIMS dated 23rd December, 2020, inter alia, reads as under:- In this regard, it is informed that patient Mr. Anil Kumar Sharma reported to AIIMS, New Delhi on 15.12.2020 vie UHID No.-105291458. He informed that he was released from the prison on 8th December 2020 and had come to AIIMS, New Delhi requisite medical management in pursuance with the Hon'ble High Court's orders. Accordin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... New Delhi on 15th December, 2020, he was given out-patient consultation by the three department, as mentioned above and, he was advised requisite treatment and also to undergo investigation and follow-up with the reports. The AIIMS, New Delhi did not consider to admit the accused-applicant as indore patient for any surgery or medical treatment as was mentioned in the report dated 15th August, 2020 issued by the Senior Medical Officer, Central Jail, 11 Mandoli, Delhi. 9. The accused-applicant was directed to surrender before the Special Judge, PMLA as per the order dated 14.10.2020, after expiry of six weeks, which got expired on 19.01.2021. However, the Supreme Court granted him time till Friday i.e. 22.01.2021. The accused applicant did not surrender before the Court of Special Judge, PMLA and surrendered before the Court at Delhi. 10. The Enforcement Directorate, in its application, submitted that since there were serious doubts about the correctness/genuineness of the medical condition of the accused-applicant, as reflected from the report submitted by the office of the Senior Medical Officer, Central Jail, 11 Mandoli, Delhi dated 15th August, 2020, therefore, prayed that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hi. 8 That due to pressure of the applicant for admission, again a medical report has been prepared by the AIIMS, New Delhi on 22.01.2021 as advised by various department of the AIIMS, New Delhi and which was forwarded to concerned department for information in compliance of order dated 14.10.2020. The relevant para of medical report dated 22.01.2021 is quoted below:- "Mr Anil Kumar Sharma is known case of hypertension and hypothyroidism on treatment and diagnosed as a case of Right sided inguinal hernia and degenerative spine disease. As per the AIIMS OPD cards of various departments he has been advised follow-up with the concerned departments (Departments of Surgery, Medical, Endocrinology, and Orthopaedics) and to follow up in Cardiology OPD after BP charting for one month He has hot being advised any admission by any of the Department(s) for ailments He will continue his treatment of OPD basis All original OPD cards and arsenal investigation reports are in the possession of Mr Anil Kumar Sharma. The copy of medical report dated 22.01.2021 is being annexed as Annexure No. 2 to this affidavit." 15. It is specifically mentioned in the affidavit that the accused-applicant, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncerned and, the application is, thus, disposed of. 21. After the Supreme Court dismissed the Special Leave to Appeal (Crl.) No.531 of 2021 vide order dated 19.01.2021, which was preferred against the order dated 09.12.2020 passed by this Court, dismissing regular bail application of the accused-applicant, this second application for interim bail came to be filed on medical ground. 22. In the application, it has been submitted that due to ongoing treatment of his multi-system ailments and upcoming surgery, as advised by AIIMS, New-Delhi, the accused-applicant would require private medical care, attention and post surgery care, which would not be possible inside the jail. 23. As mentioned above, 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. 24. In view of report of the AIIMS dated 22.01.2021 as well as affidavit of the Director, AIIMS, New Delhi dated 14.02.2021, Mr. Manoj Singh, learned counsel for the accused-applicant, submits that he would not like to press this second applicati ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
