The court upheld the denial of bail on medical grounds, emphasizing that adequate medical treatment is provided in custody and no further bail is warranted.

1.This petition has been filed seeking bail to the petitioner in FIR No. RC2242022A0001/ CBI/AC-VI(SIT)/ NEW DELHI under sections120-B/409/420/477-A Indian Penal Code, 1860 (“IPC”) and Sections 13(2) read with 13(1)(d) Prevention of Corruption Act, 1988 (“PC Act”) dated 20th June, 2022.

2.Mr. Vikas Pahwa, Senior Advocate appearing for the petitioner points out that the petitioner was arrested on 13th July, 2022 and was granted interim bail on the medical grounds on 31st August, 2022, subsequently extended on 03rd February, 2023 by this Court. The said interim bail was exhausted on 02nd March, 2024 when the petitioner surrendered.

3.The present petition has been filed seeking regular bail for medical reasons on the basis of the facts and circumstances as placed on record and as canvassed by the Senior Counsel.

4.It is noted that the regular bail has been rejected on merits by this Court on 31st May, 2024 in Bail Application No.353/2023. In this light, the prayer in the current petition has been restricted to seeking bail on medical grounds.

5.However, it is noted that the medical grounds have been canvassed by the petitioner in various previous bail applications and orders were passed, which are noted as under:

(i)Bail Application No.1232/2024 was preferred before this Court contending serious medical condition of the petitioner.

However, the same was rejected by order dated 03rd May, 2024 and direction was passed that all necessary medical treatment should be provided to the applicant in jail as and when required. Subsequent to this, a communication dated 22nd May, 2024 was sent by the CMO of the DDU Hospital, New Delhi to the RMO, Central Jail Hospital, Tihar Jail stating that some treatment was given to the petitioner relating to the diabetic foot and referral was made to a higher centre.

However, as per Mr. Anupam Sharma, SPP for CBI, the said was refused by the petitioner.

(ii)Subsequently, Bail Application No.1824/2024 was preferred seeking interim bail. It was noted that the petitioner had been admitted in DDU Hospital on 13th May, 2024 and needs further treatment for his diabetic foot. A status report was sought regarding the medical condition, and the matter was listed on 22nd May, 2024.

(iii)On 22nd May, 2024, the Court perused the said medical treatment report. Counsel for the petitioner stated that they would give up the relief of interim bail and sought permission to undergo requisite treatment at Fortis Hospital, Okhla in custody for a limited period. Taking the reports and the submissions in consideration, direction was given by this Court to shift the petitioner from DDU Hospital to Fortis Escorts Heart Institute, Okhla Road, New Delhi – 110025 on 23rd May,

2024. It was specifically directed that the petitioner shall continue to be in custody of Jail Superintendent who shall ensure adequate security arrangements. Expenses incurred on hospitalisation etc. were to be borne entirely by the applicant in addition to the incidental expenses incurred by the State on travelling, security etc. In para 6 of the said order, further conditions were placed on the family of the petitioner to not carry mobile phones while meeting the petitioner, though home-cooked food was permitted, if so medically advised.

(iv)On 30th May, 2024, medical status report of the petitioner on Fortis Hospital was received. As per the report, it was noted that treatment was continuing. However, as per the diagnosis, there was a medical condition relating to the eye of the petitioner. It was advised that the particular specific treatment was not available in Fortis Hospital, but available at “The Sight Avenue”, a specialised clinic in Greater Kailash-I, New Delhi.

Directions were given for applicant to be taken for eye treatment from Fortis Hospital under custody and Jail Superintendent was directed to ensure adequate security during the transit period.

(v)In the meantime, on 31st May, 2024, this Court rejected the regular bail application of the petitione