TMI Blog2022 (9) TMI 1521X X X X Extracts X X X X X X X X Extracts X X X X ..... such, the observations made by the learned Trial Court in the impugned order do not appear to be in the correct perspective - However, since it has now been informed by the learned senior counsel for the respondent that the respondent has again been hospitalized on 26.09.2022, it may not be appropriate to deprive the respondent of the benefit of interim bail till 30.09.2022 which has been granted by the learned Trial Court. The respondent is directed to surrender before the Superintendent Jail on the date of expiry of interim bail granted by the learned Trial Court. However, in case it is assessed that the respondent cannot be discharged due to his admission in the hospital on account of any aggravated medical condition or if the circumstances so require, the respondent shall continue to be admitted in the hospital in judicial custody till the time his condition improves. The same shall be further subject to evaluation of the medical condition of the respondent by the same Medical Board from Dr.RML Hospital within a period of one week from 30.09.2022 - List on 07.10.2022. - Hon'ble Mr. Justice Anoop Kumar Mendiratta For the Petitioner : Mr. Zoheb Hossain and Mr. Viv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch, the proceedings be stayed before the learned Trial Court with respect to application seeking extension of interim bail. There is no dispute on the proposition that considering the strict provisions of Section 45 of the PMLA, there need to be compelling reasons which would justify and require the grant of interim bail, should the application be allowed after factual assessment. However, to ensure that the interim bail is granted on compelling medical reasons, it shall be appropriate, as suggested by learned counsel for the petitioner/ED that a Medical Board be constituted for evaluating the medical condition of the respondent. Medical Superintendent/Director, Dr. RML Hospital, New Delhi is accordingly, directed to constitute a Medical Board of doctors from three different specialties for examination/evaluating the medical condition of the respondent as per medical records and furnish the medical report before the concerned Trial Court on or before 22.08.2022. In the interregnum, till the receipt of the report from the Medical Board, since the interim bail of the respondent is stated to be expiring on 18.08.2022, the learned Trial Court shall be at liberty to consider the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lication of LVEF being in this range. The detailed medical condition of the accused is mentioned in the sub-paras of Para no. 4.7 of the bail application. The same are not being repeated for the sake of brevity. The applicant/ accused has produced his medical documents with regard to the said ailments/disease. At page no. 4, para no. 7 of the order dated 24.06.2022 of 1d. Vacation Judge, Patiala House Courts, New Delhi, the contentions the complainant/ED made therein are recorded. It is mentioned that Ld. ASG has further submitted that the jail medical officer has not given the correct report and he doubts the report given by the Medical Officer of the concerned jail. However, during the arguments of the present interim bail extension application no such submissions were made. The report dated 22.08.2022 of medical board of doctors filed by Dr. RML Hospital also does not contradict the previous medical history/documents of the accused. It was argued on behalf of the complainant that as per the medical report dated 22.08.2022 the accused is stable and doing well with the current treatment i.e oral medication. In this regard it was submitted on behalf of the accused that he was stabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... New Delhi. (iv) 18.08.2022: Learned Special Court granted extension of interim bail on medical grounds till 27.08.2022, till filing of report by the Medical Board of Doctors of Dr.RML Hospital. (v)30.08.2022: Learned Special Court PMLA passed the impugned order extending the interim bail granted to the accused/respondent vide order dated 24.06.2022 for a period of six weeks w.e.f. 19.08.2022 on the same terms and conditions. (Note: the same is under challenge in present CRL.M.C.4711/2022). 6. It is further contended by learned counsel for petitioner that the interim bail has been sought by the respondent almost in continuity for a period of 109 days on different pretexts. It is urged that it needs to be ascertained if the petitioner is suffering from ailments for which treatment cannot be provided in Jail Hospital or any other Government Hospital in custody. 7. On the other hand, the petition has been vehemently opposed by the learned senior counsel for the respondent. It is pointed out that the respondent has again been hospitalized on 26.09.2022. It is urged that the respondent is 63 years old and has been suffering from various ailments i.e. (i) cervical spondylotic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng of patient weakness has aggravated for the last few months. He was advised surgery on the basis of MRI done in June:2022. Examination of the patient revealed stable vital parameters (BP-140/80 mmHg: Pulse rate 78/min: Sp02-96% in Room Air) and physical examination of cardiovascular and respiratory system were unremarkable. The board members are of the opinion that at the given moment patient's vitals are stable and he is doing well with the current treatment being given to him. 9. At this stage, a prima facie view needs to be taken, since the interim bail of the respondent is expiring on 30.09.2022. A bare perusal of the medical report reveals that the medical ailments suffered by the respondent duly stand noticed by the Medical Board. After noticing the details of the ailments suffered by the respondent, it has been categorically observed: examination of the patient revealed stable vital parameters (BP-140/80 mmHg: Pulse rate 78/min: SpO 2-96% in room air) and physical examination of cardiovascular and respiratory systems were unremarkable. The Board members are of the opinion that at the given moment, patient s vitals are stable and he is doing well with th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
