1. Application for interim bail on medical grounds supported by a medical report. (Para 1 )
Back
Next 
2023 Supreme(SC) 569
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
Important Points
IMPORTANT POINT
Bail on medical ground – Citizen is having a right to take treatment of his choice, at his own expenses, in a private hospital.
Bail on medical ground – Citizen is having a right to take treatment of his choice, at his own expenses, in a private hospital.
Subject
Bail - Interim Bail
Act Referred
Headnote
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.
Legal Category Hierarchy
Advocates appeared:
For the Petitioner(s): Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. N. Hari Haran, Sr. Adv. Mr. Vivek Jain, AOR Mr. Abhinav Jain, Adv. Ms. Honey Kumbhat, Adv. Mr. Rajat Jain, Adv. Mr. Siddhant Sahay, Adv. Mr. Siddharth Yadav, Adv. Mr. Shadan Farasat, Adv. Ms. Warisha Farasat, Adv. Mohd. Irshad, Adv. Mr. Vaibhav Yadav, Adv.
For the Respondent(s): Mr. S. V. Raju, A.S.G. Mr. Zoheb Hussain, Adv. Mr. Rajat Nair, Adv. Mr. Annam Venkatesh, Adv. Mr. Mukesh Kumar Maroria, AOR
For the Petitioner(s): Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. N. Hari Haran, Sr. Adv. Mr. Vivek Jain, AOR Mr. Abhinav Jain, Adv. Ms. Honey Kumbhat, Adv. Mr. Rajat Jain, Adv. Mr. Siddhant Sahay, Adv. Mr. Siddharth Yadav, Adv. Mr. Shadan Farasat, Adv. Ms. Warisha Farasat, Adv. Mohd. Irshad, Adv. Mr. Vaibhav Yadav, Adv.
For the Respondent(s): Mr. S. V. Raju, A.S.G. Mr. Zoheb Hussain, Adv. Mr. Rajat Nair, Adv. Mr. Annam Venkatesh, Adv. Mr. Mukesh Kumar Maroria, AOR
Table of Contents
2. Petitioner seeks interim bail for medical treatment — Prosecution opposes and requests independent medical examination. (Para 1 , 2 )
3. Court found no reason to disbelieve the submitted medical report and recognized the right to seek treatment of choice in a private hospital. (Para 3 )
4. A citizen has the right to seek medical treatment of their choice at their own expense in a private hospital. (Para 3 )
5. Interim bail granted on medical grounds for six weeks subject to conditions regarding witness contact, travel, medical reporting, and media silence. (Para 4 , 5 )
6. Can a prisoner seek interim bail for medical treatment?
Yes, interim bail may be granted on medical grounds when the court is satisfied with the medical reports and the petitioner's health condition. (Para 3 , 4 )
7. Does a citizen have a right to choose their medical provider while under judicial custody?
Yes, the court held that a citizen has the right to take treatment of their choice, at their own expenses, in a private hospital. (Para 3 )
8. What conditions may be imposed when granting interim bail on medical grounds?
Conditions may include prohibitions on influencing witnesses, restrictions on leaving a specific area, requirements to produce treatment papers, and bans on making public statements. (Para 5 )
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.
