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VIKAS MAHAJAN
Nitish Kumar – Appellant
Versus
Directorate of Revenue Intelligence – Respondent
JUDGMENT
Vikas Mahajan, J. The present petition has been filed by the petitioner seeking concession of interim bail for a period of 30 days on medical and humanitarian grounds on account of the precarious health of the petitioner.
2. Considering the petitioner's health condition delineated in the bail application this court vide order dated 28.06.2023, requisitioned the medical report of the petitioner from the concerned Jail Superintendent. Accordingly, a medical report dated 06.07.2023, was received. Since in the medical report dated 06.07.2023 there was a mention that the petitioner is scheduled to undergo an MRI LS Spine and Bilateral Hip Joint on 07.07.2023, a fresh medical report stating the outcome of the MRI was requisitioned from the Jail Superintendent.
3. Pursuant to the above, a fresh report dated 20.07.2023 was received by this Court. The relevant text on which reliance was placed by the learned counsel for the petitioner as well as learned senior standing counsel for the respondent/DRI reads as under:
"dk;kZy; ofj"B fpfdRlk vf/kdkjh
OFFICE OF THE SENIOR MEDICAL OFFICER
fMLisUljh] dsanzh; dkjkxkj la[;k% 04] frgkM] ubZ fnYyh & 110064
DISPENSARY, CENTRAL JAIL NO. 4, TIHAR,
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 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 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 court ruled that interim bail on medical grounds is warranted when an inmate's health condition requires specialized treatment not available in jail.
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.
Prisoners, regardless of their status, have an inherent right to life and humane treatment, including access to necessary medical care.
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....
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