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.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 10307/2023 (for exemption)

Exemption allowed subject to just exceptions.

The application stands disposed of.

BAIL APPLN. 1266/2023 & CRL.M.(BAIL) 561/2023

1. Present bail application has been filed with the following prayer:

a) Enlarge the petitioner on regular bail in ECIR/HIU-II/14/2022 on such terms and conditions as this Hon'ble Court may deem fit and proper;

2. During the course of submissions, Mr.Vikas Pahwa, learned senior counsel appearing for the petitioner has submitted that he had filed an additional affidavit regarding the medical condition of the petitioner himself. Learned senior counsel submits that though initially bail was sought on the merits but however in the interregnum period, the health condition of the petitioner has deteriorated and the medical record which is being furnished shows that the petitioner is sick and infirm.

3. Mr.S.V.Raju, learned Additional Solicitor General confirms that copy of the additional affidavit has been supplied to them and the same have been verified and found to be genuine. Learned ASG further submits that though they oppose the application on merits but however in view the medical condition of the petitioner, an appropriate order may be passed. Learned ASG has very fairly submitted that during the period when the petitioner was on bail there has been no violation of any bail condition or tampering of evidences has been reported.

4. Mr.Vikas Pahwa submits that though there was no specific averment regarding grant of bail on medical grounds but the question being involved of the liberty of an individual, this court may entertain the request for enlarging the petitioner on bail on medical grounds in view of his health condition. Learned senior counsel submits that the petitioner has filed additional affidavit with medical records, however, the affidavit and the medical documents are not on record, but the hard copy has been supplied. Let it be brought on record today itself. The relevant paras of the additional affidavit are as follows:

3. That certain relevant documents such as the medical records of the Petitioner were inadvertently not filed alongwith the Bail Application. It is imperative that these documents are placed on record to enable this Hon'ble Court to appreciate the facts and circumstances in the case and for the proper adjudication of the bail application.

4. The Petitioner craves liberty to place on record the following relevant documents/medical records of the Petitioner, annexed herewith and marked as follows:

i. True copy of the Petitioner's OPD card dated 22.02.2023 of Deen Dayal Upadhyay Hospital, New Delhi is filed herewith and marked as Annexure A.

ii. True copy of the Petitioner's discharge summary sheet dated 27.02.2023 of Deen Dayal Upadhyay Hospital, New Delhi is filed herewith and marked as Annexure B.

iii. True copy of the medical record of the Petitioner issued by the Medical Officer Incharge, Central Jail Hospital, Tihar is filed herewith and marked as Annexure C.

iv. True copy of the prescription dated 03.05.2023 of Apollo Hospital, Secunderabad of the Petitioner is filed herewith and marked as Annexure D.

5. That the aforesaid documents/medical records of the petitioner are necessary for the proper adjudication of the bail application and the same may be taken on record in the interest of justice.

5. Learned senior counsel for the petitioner submits that the petitioner has medical history and was suffering while in judicial custody also. Learned senior counsel has placed reliance upon verified medical record. As per verified medical record of the petitioner, it has been found as under:

In OPD Card dated 22.02.23 of Deen Dayal Upadhyay Hospital, the petitioner was diagnosed as follows:

C/o Low Back Pain x 25 days

No Fever/Trauma

H/o B/s Lower Limb Radiculopathy

O/C: LS Spine

Tendeness + L4

SLR R-50 degree L- 60 degree

Neurology-WNL

Adv: Hot water fomentation

1. T. Dodo SO BD 3Da

2. T.PAN OD

3. T. Meltocarbaind SOO, BD