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TMI Blog2024 (5) TMI 571X X X X Extracts X X X X X X X X Extracts X X X X ..... with File No. SFIO/INV/UNIT - V/1003/IL & FS/2018-19 for the offences punishable under Section 447 of the Companies Act, 2013 and Sections 417, 420 r/w 120-B of the Indian Penal Code (for short "I.P.C"). 3. Shorn of unnecessary details, a few facts germane for disposal of the application can be summarized as follows. 4. The applicant who is admittedly a senior citizen is currently undergoing treatment for advanced stage of colon cancer known as "Adenocarcinoma" as well as "Stomach Cancer". By an order dated 11th July, 2022, the Trial Court rejected his bail application on medical grounds. 5. This Court by an order dated 30th September, 2022 granted temporary bail to the applicant for a period of eights weeks solely on medical grounds in view of serious ailments for which the applicant has been under the treatment of specialized Doctors. 6. It would be apposite to refer to a few facts of the prosecution's case. The Ministry of Corporate Affairs in exercise of it's powers under Section 212 (1) (c) of the Companies Act, 2013 "in public interest" and on the basis of cogent material formed it's opinion that investigation into the affairs of Infrastructure Leasing and Financial Serv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cant's need for special and personalized cancer care and treatment. There is no further progress in his health, rather it has been deteriorating to a great extent as even his immunity is compromised and his condition is extremely critical. 12. The latest report of the applicant from Nanavati Hospital suggests that he needs a protracted period of specialized care including stomach care, nursing care, repeated blood tests and multiple doctor visits with a general physician, medical oncologist, urologist and Gastrointestinal onco surgeon which may not be possible if he is kept in custody. The latest report from Nanavati Hospital depicts that the applicant is in need of protracted treatment with longstanding care. Relevant report is extracted below; "However, considering his current health status, he will need a protracted period of specialized care including stoma care, nursing care, repeated blood tests and multiple doctor visits with a general physician, medical oncologist, urologist and Gastrointestinal onco surgeon. After a few weeks to months, once he has recovered sufficiently, he will need a revision surgery to reverse his colostomy. He was transferred to an outside nursi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ued to remain fragile and required supportive medications. Recently he developed bleeding into his colostomy, following which he was admitted to the hospital again and underwent upper endoscopy. This revealed a large bleeding polyp at the gastroesophageal junction which showed an adenoma with a signet ring adeno carcinomam component. Subsequent to this he underwent a PET CT which suggested a mild thickening at the site of the polyp and an additional site of uptake at the left psoas muscle. He was advised urgent surgery. He was admitted under my care on 31.08.23 to Nanavati Max Super-speciality Hospital. On 1-9-23, he has undergone a partial esophago-gastrectomy with D2 lymphadenectomy. Proximal stomach and extensive distal esophagus was needed to be resected with a laparotomy and a left thoracic incision. The procedure lasted about 9-10 hours and was performed under general anesthesia. His post op period was marred by a chest fluid collection which continues to hamper his movements and breathing. He has been on close follow up since this procedure. His is recovering but very slowly. He remains weak, dependent on nursing care and at least 1 person at all times for sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner, which is based on a report of Medical Board comprising of seven doctors, constituted by Civil Surgeon, Ambala, I find that case of the petitioner would be covered under proviso to Section 45(i) of PMLA as he is a sick person requiring urgent medical treatment, especially in view of the fact that while in custody for a period of about 03 months, he was repeatedly advised medical care, as noticed in earlier part of this order. Accordingly, this petition is allowed and the order dated 24.02.2022 passed by this Court, granting interim bail to the petitioner, is hereby made absolute". The said judgment was challenged before the Hon'ble Supreme Court by way of Special Leave Petition Special Leave Petition (Crl.) Diary No (s) 12164/2022. The Supreme Court has observed thus; "2. Having heard Mr. Jayant Bhushan, senior counsel appearing on behalf of the petitioner and Mr. Mukul Rohatgi, senior counsel appearing on behalf of the first respondent, we seen no reason to entertain the Special Leave Petition on the merits of the order granting bail on medical grounds. However, Mr. Mukul Rohatgi has stated that the first respondent will physically mark his presence once a week be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... various health conditions". 18. In case of Father Stan Swamy Vs. State of Maharashtra, 2021 SCC Online Bom 757 the Supreme Court held thus; "13. Pursuant to the liberty granted by Vacation Court, matter was mentioned by way of filing praecipe and after informing learned advocates appearing for the respective parties, and accordingly the same is taken on board. It is not in dispute that the age of the appellant is 84 years and even according to medical reports/findings recorded by the team of doctors from the J.J. Hospital, the appellant needs further treatment as mentioned in the report. There is no doubt that the J.J. Hospital, Mumbai is equipped with good doctors, medical staff, equipments and medicines. However, due to present pandemic situation and influx of patients in the said hospital, it may not be possible in said hospital to give personal attention to the appellant who is 84 years of age. As already observed the appellant is of 84 years of age and while hearing this appeal on 21st May, 2021, this Court has interacted with the appellant through video conferencing and asked his choice, whether he want to take treatment in the J.J. Hospital or in any other hospital of h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... il on the above ground having regard to the fact that the appellant has been in custody since 28 August 2019. In Nittin Johari (supra), this Court has held: "24. At this juncture, it must be noted that even as per Section 212 (7) of the Companies Act, the limitation under Section 212 (6) with respect to grant of bail is in addition to those already provided in CrPC. Thus, it is necessary to advert to the principles governing the grant of bail under Section 439 of CrPC. Specifically, heed must be paid to the stringent view taken by this Court towards grant of bail with respect of economic offences." While the provisions of Section 212 (6) of the Companies Act 2013 must be borne in mind, equally, it is necessary to protect the constitutional right to an expeditious trial in a situation where a large number of accused implicated in a criminal trial would necessarily result in a delay in its conclusion. The role of the appellant must be distinguished from the role of the main accused. 9. For the above reasons, we allow the appeal and direct that the appellant be released on bail, subject to such terms and conditions as may be imposed by the Special Judge in connection with Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d moves a fresh application, present application cannot be entertained. It is well-known that the procedure is handmaid of justice. This technicality, in my view, would not come in the way of the applicant seeking confirmation of the interim bail granted on medical grounds by this Court on 30th September, 2022. Be that as it may. 24. It would be apposite to refer to one of the Interim orders passed by this Court (Coram: M.S. Karnik, J.) on 30th November, 2022. It was passed in an Interim Application No.4017 of 2022 in Bail Application No.2487 of 2022. This Court had extended the temporary bail granted to the applicant for further period of two weeks by giving brief summary of the medical certificate. The applicant was to be examined by a Panel of Doctors of J.J. Hospital, Mumbai comprising of Dean, General Physician, Medical Oncologist, Urologist and Gastrointestinal Oncosurgeon. The applicant was directed to appear before the Panel and report of the said Panel on the health condition of the applicant was called for. Thereafter, from time to time, various orders came to be passed by the Co-ordinate Benches. As such, the application for bail bearing No.2487 of 2022 was not finally ..... X X X X Extracts X X X X X X X X Extracts X X X X
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