TMI Blog2022 (9) TMI 1272X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2022 in which bail has been sought on the merits of the case along with the interim bail application moved on grounds of ill health. This application as noted above is the second one pleading medical grounds. The decision of the Supreme Court has a direct bearing to this case. From the Status Report, it is amply clear that even the incident of 14th July, 2022 was dealt with promptly and effectively by the jail authorities and neither the doctors at DDU Hospital nor at the RML Hospital considered his condition to be of such a serious nature to call for hospitalisation. They rather advised review in Neurology and Medicines OPD. The Neurologist at GB Pant Hospital has advised neurosurgery evaluation, which it appears is yet to be carried ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interim bail for a period of eight weeks) 1. The instant application for interim bail is the second one that has been moved during the pendency of the regular bail application No.1762/2022 moved by the applicant/accused in ECIR/05/HIU/2018 registered under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 as amended, ( PMLA for short). 2. Mr. Siddharth Aggarwal, learned senior counsel for the applicant has submitted that though the regular bail application is to come up for hearing on 26th September, 2022, in view of the Medical Status Report filed by the Jail Authorities recording therein that the applicant had suffered an incident on 14th July, 2022 of fainting and frothing from mouth with numbness of his limbs, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... OnLine SC 843), Surjeet vs. State (Govt. of NCT of Delhi) (2021 SCC OnLine Del 228), Karim Morani vs. Central Bureau of Investigation (2011 SCC OnLine Del 2967), Rajkishor Sunnidhi Dash vs. State of Maharashtra 2020 (SCC OnLine Bom 11261) Akhtar Parvez vs. State of West Bengal (2022 SCC OnLine Cal 471) Nasir Abdul Kadar Keval vs. State of Maharashtra (2018 SCC OnLine Bom 1562) has submitted that the courts have consistently taken the view that when the medical condition of the under-trial in custody was stable, there was no ground to release him on interim bail, particularly in serious offences such as offences under the PMLA. Emphasis has been laid on the observations of the Supreme Court in State of UP(supra) to submit that the court wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pleading medical grounds. The decision of the Supreme Court has a direct bearing to this case. 7. Referring back to the decision in State of UP(supra), the further fact to be noted is that, in that case, the accused was facing charges in case Crime no. 29 of 2017 under Sections 376(D)/376/511/504/506 IPC read with Sections 3 and 4 of POCSO Act, Police Station Gautam Palli, District Lucknow. The present applicant is facing charges under Sections 3 and 4 of the PMLA. The two offences are not similar, except that both sets of offences are of very serious nature. The respondent/accused before the Supreme Court had claimed that he was suffering from multiple neurological ailments. The Supreme Court noted that on various occasions, the respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to release the respondent on interim bail on medical grounds. (emphasis added) 9. It would therefore be appropriate to consider whether the latest Status Report filed by the Jail Superintendant reflects any short fall in the treatment being provided to him, necessitating treatment of the applicant at Indore. 10. It may bear notice that while the applicant claims to be extremely ill, he is quite satisfied with his present state of health that it would permit him to travel to Indore. Be that it as may, the Medical Report submitted on 29th July, 2022, filed along with the Status Report records the following facts: (i) Even at the time when the applicant had been taken into judicial custody at the Central Jail-07, Tihar on 21st March ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e applicant was stable, though with persistent symptoms of shortness of breath and complaints of numbness in lower limbs for which he was being given treatment. 11. From the above Status Report, it is amply clear that even the incident of 14th July, 2022 was dealt with promptly and effectively by the jail authorities and neither the doctors at DDU Hospital nor at the RML Hospital considered his condition to be of such a serious nature to call for hospitalisation. They rather advised review in Neurology and Medicines OPD. The Neurologist at GB Pant Hospital has advised neurosurgery evaluation, which it appears is yet to be carried out. 12. There is nothing in the Status Report which would suggest to this Court that treatment was unsati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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