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TMI Blog2023 (5) TMI 1377X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Special Judge, PMLA while releasing the petitioner on bail in ECIR/09/DLZO-I/2018 dated 11.07.2018. 2. It has further been prayed to permit the petitioner to travel to London, United Kingdom, from 20.12.2021 to 20.01.2023 for getting the postoperative treatment as the petitioner had undergone the treatment of prostate cancer at Medanta Hospital. Vide order dated 06.04.2021, the petitioner was released on bail by learned Special Judge and imposed following conditions: "i) He shall not tamper with the evidence. ii) He shall not try to contact or influence the witnesses. iii) He shall join further investigation, if any, as and when called upon to do so by the prosecuting agency. iv) He shall not leave the country without the per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by this court, the petitioner underwent surgery at the Medanta Hospital. However, after the surgery there had been serious complications for which the petitioner is required to go to United Kingdom. Learned senior counsel has submitted that it is a fundamental right of every person to get an effective and appropriate medical treatment. Learned senior counsel has submitted that the reasonable conditions may be imposed and the petitioner may be permitted to travel abroad. 7. Mr. Zoheb Hossain, Learned Special counsel for the ED has opposed the request. Learned special counsel has submitted that the magnitude of the fraud committed by the petitioner runs around Rs. 1900 Crores. Learned special counsel submits that even in order dated 24.05.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... untry. Therefore this court has always been of the firm view that the person should get all necessary medical treatment for being health. However, at the same time while dealing with such matter the court has to balance the right of the individual with the right of the prosecuting agency. The right of the prosecuting agency is equally important that is to ensure that the accused attends to the trial and may not abscond. The court has to strike a balance and to see that the person who has approached the court should not be deprived of the effective medical treatment and at the same time prosecuting agency may not suffer on account of non-availability of the accused person. In this regard, the report of the medical board becomes very importan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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