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2023 Supreme(Del) 5864
IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Mr. Amandeep Singh Dhall - Appellant
Versus
Directorate of Enforcement - Respondent
Bail Appln. 2093 of 2023, Crl.M.A. 17595 of 2023 and Bail Appln. 2229 of 2023, Crl.M.A. 17355 of 2023
Decided On : 04-09-2023
Mr. Sidharth Luthra, Mr. Vikas Pahwa, Senior Advocate with Mr.Tanveer Ahmed Mir, Mr. Vedant Verma, Mr. Ayush Kaushik, Mr. Shashwat Sarin, Ms. Nikita Patra, Ms. Namisha and Mr. Sougat Pati, Advocates, for the Petitioner.
Mr. Zoheb Hossain, Special counsel for ED with Mr. Vivek Gurnani, Mr.Kartik Sabharwal and Ms.Manisha Dubey,Advocates, for the Respondent.
Mr.Anupam S Sharma, Special Counsel for ED with Mr. Rajeev Kumar, Mr. Alok, Ms.Harpreet Kalsi, Mr. Prakarsh Airan, Mr. Ripudaman Sharma, Mr. Abhishek Batra, Mr. Vashishth Rao, Adv., for the Respondent in Bail Appln. 2229/2023, Crl.M.A. 17355/2023.
IMPORTANT POINT
The right to proper and effective medical treatment is fundamental and may warrant the grant of interim bail on medical grounds, irrespective of the seriousness of the allegations.
Headnote:
Medical Treatment - Interim Bail - FIR No. ECIR/HIU-II/14/2022 - AIIMS Act, 1956 - Section 3, Section 4 - The court granted interim bail on medical grounds to the petitioner, directing admission to AIIMS for medical tests and treatment. The petitioner was to bear all expenses and remain in custody of the Superintendent Jail during treatment.
Fact of the Case:
The petitioner sought interim bail on medical grounds due to various medical issues. The court granted interim bail, directing admission to AIIMS for medical tests and treatment, with the petitioner bearing all expenses and remaining in custody of the Superintendent Jail.
Finding of the Court:
The court found that the petitioner required constant medical supervision and treatment, and that proper and effective medical treatment is a right of every individual, including the petitioner. The court considered the serious nature of the allegations but emphasized the need to view the petitioner's medical condition with compassion.
Issues: Interim bail on medical grounds, right to medical treatment, seriousness of allegations, compassion in considering medical condition
Ratio Decidendi: Proper and effective medical treatment is a right of every individual, and the court may grant interim bail on medical grounds to ensure such treatment, regardless of the seriousness of the allegations.
Final Decision: The court granted interim bail on medical grounds, directing admission to AIIMS for medical tests and treatment, with the petitioner bearing all expenses and remaining in custody of the Superintendent Jail. The arrangement was made purely on medical grounds without considering the merits of the case. The matter was listed for further hearing on a later date.
ORDER
CRL.M.(BAIL) 1201/2023 in BAIL APPLN. 2093/2023
CRL.M.(BAIL) 1200/2023 in BAIL APPLN. 2229/2023
1. The present applications have been moved for grant of interim bail on medical grounds for a period of two weeks in case FIR No. ECIR/HIU-II/14/2022 DT. 22.08.2022.
2. Pursuant to the order dated 25.08.2023, AIIMS has filed the following status report:
"Subject: Medical treatment Report of inmate patient Mr. Amandeep Singh Dhall at AIIMS New Delhi (UHID No.- 106977817) - Reg.
Ref.: Court order dated 25.08.2023 of Hon'ble Mr. Justice Dinesh Kumar Sharma. High Court of Delhi vide Bail Appln. 2229/2023 titled Amandeep Singh Dhall Versus Central Bureau of Investigation.
*******
Sir.
Please refer to the Hon'ble court order dated 25.08.2023 of Hon'ble Mr. Justice. Dinesh Kumar Sharma, High Court of Delhi vide Bail Appln. 2229/2023 titled Amandeep Singh Dhall Versus Central Bureau of Investigation regarding aforementioned subject.
In this regard, it is informed that inmate patient Mr. Amandeep Singh Dhalk was examined in Orthopaedics OPD on 31.08.2023 and was referred to Neurosurgery OPD and Neurology OPD for opinion.
The treatment doctor from Neurology advised him NCS test which was conducted on 01.09.2023.
MRI done on 25.07.2023 reporte age related early cervical spondylotic changes and no other significant abnormality. Nerve conduction studies done on 01.09.2023 at AIIMS New Delhi shows normal study.
There is no objective evidences of weakness in right upper limb is observed in MRI and Nerve evaluation studies also confirmed by Neurologist at AIIMS New Delhi. However, he can be seen in OPD as when required."
3. The Superintendent Jail has also sent the report which reads as under:
"Sub: Medical Report of inmate Patient Amandeep Singh S/o Birender Pal
As per the record available, the inmate patient is lodged in CJ-07 on 07/03/2023. At the time of Mulahiza (first medical examination), the inmate patient did not give any history of drug abuse but alleged history of slip disc at C3,C4,C5 on/off on treatment. (Related documents not submitted)
On 11/05/2023, the inmate patient was reviewed by jail visiting Ortho SR for his complaint of pain in cervical region for which he was advised physiotherapy along with pain killer including tablet pregabalin.
On 27/06/2023 and 08/07/2023, the inmate patient was reviewed by jail visiting Ortho SR for his complaint of pain in cervical region for which he was advised to continue the same along with MRI Cervical Spine.
On 10/07/2023, the inmate patient was referred to RML hospital Neurosurgery for the complaint of increase pain in right upper limb and for his condition of C6-C7 PIVD with Radiculopathy for which he was advised MRI Cervical Spine with whole spine screening along with medication.
On 19/07/2023, blood reports suggestive of dyslipidemia and DM2.
On 20/07/2023, the inmate patient was reviewed by jail visiting Ortho SR for his complaint of pain in cervical region for which he was advised to continue the same along with MRI Cervical Spine.
On 26/07/2023, the MRI was done which revealed Posterior and right paracentral disc bulge is seen indenting the thecal sac causing effacement of right neural foramin. Spinal canal and neural foramina are normal in dimension. Screening through dorsal and lumbar spine shows no significant abnormality. (Annexure A1)
On 27/07/2023, the inmate patient was reviewed by jail visiting psychiatry SR for the complaint of disturbed sleep and appetite, apprehension/restlessness for which he was given prescribed medicines.
Multiple times, the inmate patient visited jail dispensary for the complaint of Bleeding PR, giddiness and black outs for which he was prescribed medication and was advised to review Surgery and ENT OPD.
On 02/08/2023 and 16/08/2023, the inmate patient visited DDU Hospital Surgery department for the complaints of Bleeding PR and painful defecation. Upon examination, 2nd degree internal haemorrhoids at 3,7,11 o'clock position, chronic fissure in anal midline position and sent
