The Single Bench of the Delhi High Court in the case of Vijay Agrawal Through Parokar vs Directorate of Enforcement consisting of Justice Dinesh Kumar Sharma held that the discretion for granting interim bail on medical grounds may not be exercised only at a stage when the person is breathing last or is on the position that he may not survive.
Facts
This interim bail application was filed on behalf of the accused on the ground of his medical condition during the pendency of the proceedings.
The petitioner, age 59, had various spine and back ailments for which he was under constant medical supervision. The applicant cited an MRI from 03.02.2021 and stated that his symptoms had worsened in jail due to a lack of treatment.
Contentions Made
Respondent: It was contended that an earlier bail application was denied by this Court's Coordinate Bench. It was also contended that there was no reason to grant interim bail. The petitioner did not have any major illnesses that required hospitalization or additional action. Only oral medication had been prescribed, coupled with neurology and medical OPD assessment. According to a jail medical report of 10.12.2022, the petitioner's condition was stable. In addition, this court and the Supreme Court have consistently held that interim bail should not be granted in similar cases.
Observations of the Court
The bench noted that the allegations against the accused were serious in nature. It stated upfront that it wouldn't delve into the case's merits. At the time of the pending bail application, the severity of the accused's claims had to be considered in light of Section 45 PMLA's twin conditions.
It opined that whatever the crime, a person's health is vital. The custody during the period of investigation cannot be termed to be punitive in nature. The State and judiciary must monitor a prisoner's health. Every person deserves effective medical care. Article 21 of the Constitution grants the right to live with dignity, which includes the right to have a healthy life. If sufficient care is available in jail, then convicts should receive it:
“This Court firmly believes that a person in custody suffering from serious ailment should be given an opportunity to have adequate and effective medical treatment. The discretion for granting the interim bail on the medical ground may not be exercised only at a stage when the person is breathing last or is in the position that he may not survive.”
It further opined that in this case, the petitioner's illnesses were highly painful and demanded quick treatment. Without entering into the merits of the case and on a limited point that permitted the petitioner to receive a neurology exam, the court was inclined to grant interim bail on medical grounds.
After a previous interim bail application was denied, the authorities sought a neurological evaluation. But the date for MRI was given as December 2023. It couldn't ask the petitioner to wait a year for a neurological test. It also ordered the authorities to investigate quickly to prevent further delays in medical exams or prisoner release. It said the government must take prompt action and build an effective process. No evidence of tampering or process abuse by the petitioner in prison was alleged.
The Respondent's Special Counsel argued that interim bail should be granted for a short term and not utilized as a precedent. It clarified that the interim bail on medical grounds was granted on the peculiar facts and circumstances of the case and would definitely not be taken as a precedent.
Order
The Bench concluded that the petitioner was admitted to interim bail on medical grounds till 10th February 2023 on certain conditions. It directed the Petitioner to furnish a bail bond in the sum of Rs.1,00,000/- with two sureties of the like amount to the satisfaction of the learned Trial Court.
Case: Vijay Agrawal Through Parokar vs Directorate of Enforcement
Citation: BAIL APPLN. 1762/2022 & Crl.M.A.11556/2022
Bench: Justice Dinesh Kumar Sharma
Decided on: 13th December 2022
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