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DELHI HIGH COURT
Vikas Mahajan, J.
Sanjay Jain (In JC) – Petitioner
versus
Enforcement Directorate – Respondent
Bail Appln.3807 of 2022
Decided on 5.6.2023
Criminal Procedure Code, 1973 – Section 439 – Constitution of India – Article 21 – Bail – Prayer for grant of interim bail on medical and humanitarian grounds – Liberty of a person who is accused or convicted of an offence can be curtailed according to procedure established by law – However, right to health is also recognized as an important facet of Article 21 of Constitution – Merely because a person is an undertrial or even a convict, lodged in jail, this facet of right to life cannot be curtailed – It remains obligation of State to provide adequate and effective medical treatment to every person lodged in jail, whether under trial or a convict – Petitioner is suffering from various medical conditions – Government Hospitals are overburdened and not in a position to address medical issues being faced by petitioner whilst in jail, particularly on priority they deserve – However, there is no expert opinion on record suggesting as to how urgent is need for petitioner to undergo CT Coronary angiography for his cardiac ailment and MRI LS spine and whether on account of delay in diagnostic procedures and consequent delay in treatment, life of petitioner could be at risk – AIIMS directed to immediately constitute a Medical Board of Doctors to evaluate medical condition of petitioner and furnish its report to Court. (Paras 22, 36, 37 and 41)
Result: Directions issued.
JUDGMENT
Vikas Mahajan, J.—The present petition has been filed through the wife/ pairokar of the petitioner seeking enlargement of the petitioner on regular bail in connection with ECIR No. DLZO-I/43/2021 dated 20.05.2021 in Ct. C. No. 17/2021 titled as Directorate of Enforcement v. Amarendra Dhari Singh &Ors., pending before the Court of Ld. Special Judge (PC Act CBI-23), Rouse Avenue Courts, New Delhi.
2. During the pendency of the regular bail, the wife of the petitioner has filed an affidavit dated 22.05.2023 praying for grant of interim bail to the petitioner on medical and humanitarian grounds for a period of 3 months alleging precarious health of the petitioner.
3. In the affidavit of the wife of the petitioner, it is stated that the petitioner is aged about 57 years and is suffering from various pre-existing ailments like hypertension, depression and anxiety, obstructive sleep apnea, hyperlipidemia, diabetes, damaged mitral valve prolapse and has a history of soft teeth. It is also stated that the health condition of the petitioner has further worsened in jail and he has not been able to get proper treatment. The relevant part of the affidavit reads as under:—
| Sl. | Diagnosis | Medication Prescribed | Submissions |
| 1 | Hypertension for the last 25 years | Vyamada 50 mg twice/day Nebicard 5 mg once/day Stamlo 5 mg once/day Minipress XL 5 mg twice/day | Placed the Applicant at risk of stroke and/or heart attack. |
| 2 | Depression and anxiety for the ast 17 years | Paroxetine 40mg once/day Etilam 0.25mg at nightime Buspin twice/day S-Methiwave twice/day | The Applicant has a history of suffering from panic attacks and suicidal thoughts. |
| 3 | Obstructive sleep apnea for the last 1.5 years | C-PAP (Continuous Positive Airway Pressure) machine and constant supervision by medical attendant at night | Untreated/unsupervised can lead to fatal consequences, such as coronary artery disease, heart attacks, heart failure, strokes, multiple episodes. Of arrhythmia leading to sudden death. |
| 4 | Hyperlipidemia for the last 27 years | Rosuvas 10mg once/day | Places the Applicant at risk of stroke and/or heart attack, coronary heart disease. |
| 5 | Diabetes for the last 5 years | Glyciphage 1000mg once/day | Places the Applicant at risk of heart disease, kidney disease, nerve damage and other problems with feet, oral health, vision, hearing and mental health. |
| 6 | Damaged mitral valve prolapsed and history of soft teeth | — | Requires any dental treatment to be carried out under antibiotics and in sterile conditions to ensure that no infection enters his blood stream/damages his heart. Furthermore, because the Applicant suffers from obstructive sleep apnea, any major surgery involving sedation (such as dental surgeries) can lead to severe breathing problems. |
(a) He has been complaining of uneasiness in the chest, dizziness, shortness of breath, nausea, cold sweats and continuous pain radiating to his left shoulder for the last several weeks. He was taken to Safdarjung Hospital on 21.04.2023 by the jail authorities, where ECG/ECHO tests were performed by him. He was advised to undergo Coronary Angiography however the appointment for the same as scheduled by Safdarjung Hospital is only for November 2023.
(b) The Applicant experienced dizziness and extreme discomfort on 24.04.2023 for which he has was taken to the Emergency Ward of Deen Dayal Upadhyay Hospital [“DDU”] where an ECG test was performed on him, showing abnormalities/hypertrophy. On 05.05.2023, he was again taken to DDU Hospital and an ECG test was performed, which again revealed abnormalities/hypertrophy. While he has been prescribed certain medication (including blood thinners), there has been no improvement in his physical symptoms and the appointment for Coronary Angiography rem
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.
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The court ruled that interim bail on medical grounds is warranted when an inmate's health condition requires specialized treatment not available in jail.
The court interpreted the proviso to section 45(1) of the PMLA and determined the eligibility for bail based on the Applicant's medical condition, distinguishing between being 'sick' and 'infirm'. Th....
The court recognized health conditions as sufficient grounds for granting bail despite strict provisions of the Prevention of Money Laundering Act.
The court clarified the 'sick and infirm' criteria under Section 45(1) of the PMLA, emphasizing that serious health conditions can warrant bail, overriding traditional restrictions related to the nat....
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