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2023 (5) TMI 1377

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..... every citizen of this country. Therefore this court has always been of the firm view that the person should get all necessary medical treatment for being health. However, at the same time while dealing with such matter the court has to balance the right of the individual with the right of the prosecuting agency. The right of the prosecuting agency is equally important that is to ensure that the accused attends to the trial and may not abscond. The court has to strike a balance and to see that the person who has approached the court should not be deprived of the effective medical treatment and at the same time prosecuting agency may not suffer on account of non-availability of the accused person. In this regard, the report of the medical bo .....

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..... his passport with the Court if not already deposited. v) He shall furnish his mobile numbers and e-mail IDs used by him to the prosecuting agency and shall also inform the change in mobile numbers and e-mail IDs, if any, to the IO. 3. Pursuant to this, the petitioner moved an application for permission to travel abroad to United States of America from 26.03.2022 to 26.04.2022 for appropriate medical treatment for serious ailment suffered by him including stage-II cancer i.e., carcinoma prostate. This application was allowed by the learned Trial Court vide order dated 08.04.2022. 4. Enforcement Directorate aggrieved of this filed CRL. M.C. 1748/2022. The co-ordinate bench of this court vide order dated 24.05.2022 allowed the petition and se .....

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..... ifically mentioned that there are facts and circumstances in which the petitioner may not return back to India. Learned counsel submitted that in these circumstances, the petitioner may not be allowed to travel abroad. It is also pertinent to mention here that keeping into account the rival contentions and to ensure that nobody is deprived of the appropriate medical treatment the matter was referred to Post Graduate Institute Medical Education and Research, Chandigarh for the medical examination by the medical board. The medical board has submitted its report which is as under: This is to certify that Mr. Kanwar Deep Singh, 61 year male, s/o Sh. Amar Singh residence of House No. 159, Sector 9 8, Chandigarh (CR No. 202203870549) has been dia .....

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