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SUPREME COURT OF INDIA
J.K. MAHESHWARI, PAMIDIGHANTAM SRI NARASIMHA, JJ.
Satyendar Kumar Jain – Petitioner
VERSUS
Directorate Of Enforcement – Respondents
Petition(s) for Special Leave to Appeal (Crl.) No(s). 6561 of 2023
Decided On : 26-05-2023
Criminal Procedure Code, 1973 – Section 439 – Constitution of India – Article 21 – Bail – Medical ground – Citizen is having a right to take treatment of his choice, at his own expenses, in a private hospital – At present, there is no reason to disbelieve Report of G.B. Pant Institute of Post Graduate Medical Education and Research – It is appropriate to release petitioner on interim bail on medical grounds for a limited period of six weeks – Until next date of listing, petitioner be released on interim bail on medical grounds, on such terms and conditions as may be imposed by the trial court, with additional conditions (i) that petitioner shall not influence and meet with any of witnesses, which is scheduled in witness list; (ii) he shall not leave area of National Capital Region (NCR) without leave of trial court; (iii) during interim bail, all relevant treatment papers and prognosis at such treatment shall be produced before this Court; (iv) petitioner shall refrain himself to appear before Print or Electronic Media or any social media platform to give any statement on any issue during interim bail. (Paras 3, 4 and 5)
Result : Petition allowed. Interim bail granted.
ORDER
Learned senior counsel has pressed the application for grant of interim bail looking to the weight loss and medical condition of the petitioner. The Report of the G.B. Pant Institute of Post Graduate Medical Education and Research, New Delhi, dated 04.05.2023 has been pressed before us for consideration.
2. The Additional Solicitor General representing Enforcement Directorate opposed such prayer and pressed upon for independent medical examination before All India Institute of Medical Sciences [AIIMS].
3. After hearing learned counsel for the parties, at present there is no reason to disbelieve the Report of G.B. Pant Institute of Post Graduate Medical Education and Research. We think it appropriate that the citizen is having a right to take treatment of his choice, at his own expenses, in a private hospital.
4. Therefore, we deem it appropriate to release the petitioner on interim bail on medical grounds for a limited period of six weeks.
5. Until the next date of listing, the petitioner be released on interim bail on medical grounds, on such terms and conditions as may be imposed by the trial court, with additional conditions viz :-
(i) That the petitioner shall not influence and meet with any of the witnesses, which is scheduled in the witness list;
(ii) he shall not leave the area of National Capital Region (NCR) without leave of the trial court;
(iii) During the interim bail, all the relevant treatment papers and prognosis at such treatment shall be produced before this Court.
(iv) The petitioner shall refrain himself to appear before Print or Electronic Media or any social media platform to give any statement on any issue during the interim bail.
Re-list the matter for further orders on 10.07.2023.
Bail on medical ground – Citizen is having a right to take treatment of his choice, at his own expenses, in a private hospital.
The court's decision was based on the assessment of the petitioner's medical care in jail and the absence of urgency for his release on medical grounds.
The discretion to grant bail on medical grounds should be exercised judiciously, guided by principles of law and after recording satisfaction that necessary circumstances exist warranting such a disc....
The court denied interim bail due to lack of serious health issues as per medical reports, while ensuring the petitioner receives adequate medical treatment in custody.
Bail on medical and humanitarian grounds – Merely because a person is an undertrial or even a convict, lodged in jail, this facet of right to life cannot be curtailed.
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.
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