Back
SUPREME COURT OF INDIA
Uday Umesh Lalit, Aniruddha Bose, Sudhanshu Dhulia, JJ.
Dr. P. Varavara Rao – Appellant
Versus
National Investigation Agency & Anr. – Respondents
Criminal Appeal No. 1206 of 2022 (Arising out of SLP (Crl.) No. 5913 of 2022) with Criminal Appeal No. 1207 of 2022 (Arising out of SLP (Crl.) No. 5931 of 2022)
Decided On : 10-08-2022
Bail - Medical Condition - Unlawful Activities (Prevention) Act, 1967 - [BAIL] - [MEDICAL CONDITION] - [Unlawful Activities (Prevention) Act, 1967, Section 43-D(5)] - [The court granted bail to the appellant on medical grounds, considering his age and deteriorating health conditions, and deleted the condition limiting the relief in terms of time. The court directed the appellant to present himself before the Trial Court for release on permanent bail, subject to certain conditions. The court also emphasized that the benefit of bail was extended to the appellant only on his medical condition.]
Fact of the Case:
The appellant, aged 82 years, was initially kept in house arrest and later in regular custody in connection with a crime. The High Court granted bail for a period of six months on medical condition, considering the appellant's deteriorating health. The appellant sought extension of the bail, and the High Court extended the period for three months. The appellant then appealed for permanent bail on medical grounds.
Finding of the Court:
The court found that the appellant's age, the time spent in custody, pending legal proceedings, and the appellant's deteriorating medical condition warranted the grant of permanent bail on medical grounds. The court granted bail to the appellant by deleting the condition limiting the relief in terms of time and directed the appellant to present himself before the Trial Court for release on permanent bail, subject to certain conditions.
Issues: The main issue was whether the appellant should be granted permanent bail on medical grounds, considering his age, deteriorating health, and the pending legal proceedings.
Ratio Decidendi: The court held that the appellant was entitled to the relief of permanent bail on medical grounds, considering his age, time spent in custody, pending legal proceedings, and deteriorating medical condition.
Final Decision: The court granted bail to the appellant by deleting the condition limiting the relief in terms of time and directed the appellant to present himself before the Trial Court for release on permanent bail, subject to certain conditions. The court emphasized that the benefit of bail was extended to the appellant only on his medical condition.
ORDER
CRIMINAL APPEAL NO. 1206 OF 2022 (Arising out of SLP (Crl.) No. 5913 of 2022)
1. Leave granted.
2. This appeal challenges the judgment and order dated 13.04.2022 passed by the High Court of Judicature at Bombay in Interim Application No. 2018 of 2021 in Criminal Appeal No. 52 of 2021 preferred by the present appellant.
3. The appellant, presently 82 years of age, was kept in house arrest on 28.08.2018, where after regular custody was obtained by ACP Swargate, Pune on 17.11.2018 in connection with the instant crime. The police thus had the benefit of custodial interrogation though we are not strictly concerned with that facet of the matter as the instant case revolves around the issue of grant of bail on medical condition of the appellant.
4. By order dated 22.02.2021, the Division Bench of the High Court of Bombay while considering Criminal Appeal No. 52 of 2021 and Criminal Writ Petition Nos. 63 and 64 of 2021 noticed certain salient features including the medical condition of the appellant in paragraph 72 of its order. Said paragraph 72, for facility, is quoted hereunder:
"72. We have perused the entire record in detail and we find that certain undisputed facts can be deduced, which are as follows:
"(a) The undertrial is aged 82 years and he suffers from pre-existing health ailments i.e. piles, prostate enlargement, coronary artery disease, Oedema/Ansarca (swelling of feet), Hypertension, Sinusitis, Migraine and Vertigo.
(b) The undertrial suffered from deterioration of his health at the Taloja Central Prison in May 2020 itself. He was admitted to the J.J. Hospital but the papers pertaining to the said period of his admission to the J.J. Hospital were not brought on record by the respondents.
(c) The medical papers pertaining to the stay of the undertrial in the J.J. Hospital in July 2020 show that he had to be admitted due to deterioration of health, electrolyte imbalance as a result which he was showing signs of delirium. He was bleeding from rectum and he had Urinary Tract Infection causing urinary inconvenience and loss of control of urination.
(d) The undertrial suffered a fall from bed due to which he suffered a cut on his forehead, which had to be stitched/sutured. He had difficulty in walking and he was disoriented.
(e) The undertrial was found to be Covid-19 positive due to which he was shifted to the St. George's Hospital, which was a recognized Government facility for Covid-19 patients. In the St. George's Hospital, it was recorded that the undertrial was suffering from delirium and perhaps dementia, requiring treatment for electrolyte imbalance and other ailments noted above.
(f) The health of the undertrial deteriorated further, complicated by having contracted the Covid-19 virus and, at this stage due to the intervention of NHRC, the undertrial was shifted to Nanavati Hospital.
(g) During his stay in the Nanavati Hospital between 19/07/2020 and 27/08/2020, the medical reports consistently showed that he was talking in an irrelevant manner and that he was showing signs of delirium and he was suffering from tremors. In view of his Urinary Tract Infection and complications, the catheter had to be used.
(h) Upon being abruptly discharged from the Nanavati Hospital, the said Hospital gave specific instructions as regards the close monitoring of his health conditions even after discharge.
(i) Upon discharge, the undertrial was lodged in Taloja Central Prison Hospital where the close monitoring expected in terms of the instructions given by the Nanavati Hospital could not be undertaken.
(j) The respondents have not been able to place any contra material on record as regards specific statements made on behalf of the undertrial in the petitions that there were only three Ayurvedic Practitioners in the Taloja Central Prison Hospital with no nursing staff and that the undertrial prisoners were being asked to perform the task of attendants in respect of ailing inmates like the undertrial before this Court.
(k) In this situation, when
The main legal point established in the judgment is that the court has the authority to grant bail on medical grounds, even in cases involving statutory restrictions, if the circumstances warrant suc....
Permanent bail on medical grounds overrides statutory bail restrictions when severe health conditions justify such relief.
(1) Bail – Basic human rights cannot be denied to a person even though he remains confined in jail as per procedure established by law – Statutory restrictions like one found in Section 43D(5) of UAP....
The main legal point established is that a person who is sick or infirm, as defined under Section 45 of the PMLA, may be entitled to seek bail based on their medical condition.
The urgency and criticality of life-threatening medical conditions can warrant interim bail under Section 45 of PMLA, especially when specialized care is unavailable in judicial custody.
Bail – Section 436-A of Cr.P.C. does not exclude offences under NDPS Act – Deprivation of personal liberty without ensuring speedy trial is not consistent with Article 21.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
