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TMI Blog2024 (7) TMI 556X X X X Extracts X X X X X X X X Extracts X X X X ..... ant 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 psycho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cussion with doctor he was provided with medication accordingly. On 06/05/2024, the inmate patient visited the jail dispensary with the complaint of vomiting and acidity along with pain in the operated site. He was examined and was provided with medicines. On 10/05/2024, the inmate patient visited jail dispensary with complaint for blood tinged vomiting along with pain abdomen for which he was given medication and was advised medication. The patient was not relieved after which he was advised intravenous injectable. On 11/05/2024, the inmate patient visited jail dispensary for the complaint of severe pain in lower abdomen for which he was referred to DDU Hospital Emergency. He was examined and ultrasonography was done which was suggestive of Grade 2 fatty Liver with Hepatomegaly. Further he was advised to continue the diet as advised after bariatric surgery. (Annexure A3) Multiple times the inmate visited jail dispensary with the complaints of vomiting, pain abdomen and blood streaks in vomitus for which he was prescribed medicine accordingly. On 02/06/2024, the inmate patient visited jail dispensary for the complaint of vomiting for which patient was advised injectable but he took ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... airokar of the petitioner is also at liberty to furnish the relevant medical records of the petitioner to the Board, with a copy thereof to the learned Special Counsel for the Directorate of Enforcement. (iii) The Jail Superintendent shall also ensure that the petitioner is presented before the Medical Board on 11.06.2024 at the time and place indicated by the Board. If considered necessary by the Medical Board, the petitioner may be admitted in AIIMS for evaluation for a period deemed fit. (iv) Upon evaluation of medical records and examination of the petitioner, the Medical Board shall furnish its report to this Court, on or before 14.06.2024. (v) The report must, inter alia, indicate specifically whether any single ailment of the petitioner or all the ailments taken together, warrant specialized or more sustained treatment, personal care and special diet which cannot be provided in the primary healthcare facility of Jail. 5. It would be relevant to point out that on 12.06.2024, this Court entertained CRL.M.A. 18285/2024 for certain directions to the Tihar Jail for complying with the order dated 03.06.2024 and eventually on 19.06.2024, the relevant details about the diet chart we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n DDU Hospital Deen Dayal Upadhyay Hospital , New Delhi on 21.06.2024 and in terms of the prescription slip, forming part of the record of this Court, it was opined as under:- Pt. was operated 9/April/2024 in Medanta Hospital and then subsequently he was advised very strict diet which is to given in different phases and also the diet is very crucial and essential for adequate recovery of the patient. Untill proper diet is given recovery is unlikely to happened Pt. has already been seen in casualty earlier also complains and as per advice from Medanta Pt. was prescribed died accordingly but Pt. is complainant the advised died is not given. Only Remon diet is given to patient Although CMO advised that proper diet should be given. Pt present Pt is complainant of fever and deranged blood glucose because of given prescribed diet. There has been in several episodes in jail when blood was coming out with vomiting Pt is complaining of weakness and in day to day activity. Refer to Sx (202) for further management. 9. It is emphasised that as per the copies of the Dietary Chart provided to the petitioner in Tihar Jail, placed on the record by the Jail of Superintendent from 13.06.2024 to 18.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SC 686 ; Sri Nara Chandra Babu Naidu v. State of A.P. [ Crl. P. No. 7951 of 2023 dated 31.10.2023 ] ; and ED v. Bharat Rana Chaudhary CT No. 09/2023 dated 31.08.2023 . ANALYSIS AND DECISION 13. Having bestowed my thoughtful consideration to the submissions advanced by the learned counsels for the rival parties and on meticulous perusal of the relevant record of the case, this 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. The said remarks on the treatment card dated 21.06.2024 also go to suggest that until and unless proper diet is given, the recovery of the patient is unlikely to happen. 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. 14. Although Mr. Hos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the first proviso to Section 45 of PMLA is that a person can be released on bail if he is sick or infirm . 32. In Kewal Krishan Kumar (supra) this Court laid down following guiding principle as to the level of sickness that will entitle a person to bail under proviso to section 45(1):- Though no straight jacket formula can be laid down as to what is the level of sickness that a person is to suffer to entitle him to bail under section 45(1) proviso, the thumb rule is that the sickness should be so serious that it is life threatening and the treatment is so specialized that it cannot be provided in the jail hospital. However, this is not an exhaustive parameter and each case will depend on its own peculiar facts and circumstances. 33. It was further observed in Kewal Krishan Kumar(supra) that for granting bail on the ground of infirmity, it must consist of a disability which incapacitates a person to perform ordinary routine activities on a day-to-day basis. The material part of the decision reads as under:- Mere old age does not make a person infirm to fall within section 45(1) proviso. Infirmity is defined as not something that is only relatable to age but must consist of a disa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns and functioning with 20% stomach capacity due to Bariatric Surgery, apart from suffering from seizures, behavioural disorders and hypertension. This Court allowed grant of interim bail on medical grounds. 19. Suffice to state that we can embark on a long academic discussion on the issue, but the crux of the matter, as was earlier noted by the learned Single Judge (Vacation Judge) vide order dated 07.06.2024, is whether there are grounds to assume that the medical condition of the petitioner is such that adequate care facilities cannot be provided in Jail? 20. 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. The leve ..... 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