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IN THE HIGH COURT OF DELHI AT NEW DELHI
Vikas Mahajan, J.
Sanjay Jain (in Jc) – Appellant
Versus
Enforcement Directorate – Respondent
Bail Appln. 3807 of 2022
Decided On : 05-06-2023
Bail - Medical Grounds - Prevention of Money Laundering Act, 2005 - Section 45(1) - [HEALTH CONDITION] - [PMLA]
Fact of the Case:
The petitioner sought interim bail on medical and humanitarian grounds due to his precarious health condition, including hypertension, depression, anxiety, obstructive sleep apnea, hyperlipidemia, diabetes, damaged mitral valve prolapse, and spine-related issues. The delay in conducting necessary diagnostic procedures and the petitioner's deteriorating medical condition were highlighted.
Finding of the Court:
The Court emphasized the importance of protecting the life and health of individuals in custody, citing constitutional provisions and relevant case law. It noted the obligation of the state to provide adequate medical treatment to all individuals in jail, regardless of their status as under trial or convicted. The Court also highlighted the need for a discretionary and judicious exercise of power in granting bail on medical grounds.
Issues: The key issue was whether the petitioner, facing charges under the Prevention of Money Laundering Act, 2005, was entitled to interim bail on medical grounds, considering the severity of his health conditions and the delay in necessary medical procedures.
Ratio Decidendi: The Court held that 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 discretion. It emphasized that not every ailment entitles an accused to bail and outlined the level of sickness that would entitle a person to bail under the relevant provision.
Final Decision: The Court directed the constitution of a medical board to evaluate the petitioner's medical condition, emphasizing the need for expert opinion on the urgency of diagnostic procedures, the risk to the petitioner's life, and the necessity for specialized treatment and care. The Court deferred the decision on interim bail pending the report from the medical board.
JUDGMENT
Vikas Mahajan, J.
1. 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 last 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 remains unchanged for November 2023 only. The Applicant has informed me that there isn't a resident cardiologist, heart specialist or a central cardiac unit posted in Tihar Jail for treatment of a heart attack in the event of an emergency.
4. In the backdrop of the health c
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....
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.
The judgment established that severe health conditions, including life-threatening diseases and inability to perform routine activities due to infirmity, can qualify for interim bail on medical groun....
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 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.
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