HARI OM RAI Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) The applicant has preferred an application i.e. Bail Appln. No. 494/2024 under Sec. 45 of Prevention of Money Laundering Act, 2002 ('PMLLA ') read with Sec. 439 of the the Code of Criminal Procedure, 1973 ('Cr.P.C.') seeking grant of bail in ECIR/STF/02/2022. By way of present application i.e. Crl.M.A. 4223/2024, filed under Sec. 482 of Cr.P.C., the applicant has sought interim bail on medical grounds.

(2.) Learned Senior Counsel appearing on behalf of the applicant argues that the applicant herein was arrested in the present case on 9/10/2023, and he is seeking release on interim bail, on medical grounds. It is argued that a bare perusal of the medical reports of the applicant make it apparent that the applicant has a chronic history of high triglycerides, cholesterol and related issues concerning his heart. It is stated that even prior to his arrest in October, 2023, he was consulting his doctors for treatments/procedures to mitigate his susceptibility to a stroke, heart attack and acute inflammation of the pancreas. It is stated that since his arrest, he has been taken to the jail dispensary several times complaining inter alia of shortness of breath, chest pains, etc., which makes it apparent that his medical issues are severe. It is further argued that the applicant had several medical emergencies in jail, and the jail authorities were unable to properly diagnose or treat the conditions and have stated that the applicant requires external cardiology, gastroenterology, and other specialist reviews and treatment, but such reviews are not being done in time. It is further pointed out that due to the worsening condition of the applicant, his dosage of statins has been doubled and he has been prescribed SOS medicines to control bouts of chest pain. It is vehemently argued that these ailments are not being treated effectively or in a timely manner, which presents a life-threatening situation for the applicant. It is stated that the applicant has a long history of irritable bowel syndrome, and his allergy report clearly show that he cannot eat basic food items such as wheat, rice, potato, dal, etc. and thus, he was recommended a special diet while in judicial custody. However, the special diet was only provided for a few weeks and the jail authorities are not providing him the diet prescribed in view of his medical conditions, and as a result, he has lost 15-16kgs of weight. Further, non-provision of the special diet prescribed to him has led to further loss of power and health and aggravation of his other medical conditions as mentioned above. It is further stated that due to the failure of the jail authorities to get the ultrasonography conducted till date, though it was advised on 19/12/2023, the lower urinary tract symptoms due to his enlarged prostate have increased leading to decrease in urine flow. It is also pointed out that the applicant had a severe fall on his hip in jail and is in severe pain, and the same has likely led to a fracture in his hip which needs to be diagnosed and treated. However, despite such a severe fall and pain, the applicant has not been sent for orthopedic review at a specialised centre by the jail authorities. It is contended that the applicant needs a regular attendant to be present with him at all times due to severe pain in his hip, shoulder and due to aforesaid medical conditions, and consequently, he cannot move around or take care of basic needs without an attendant which is not available in jail.

(3.) On the other hand, learned ASG appearing on behalf of the Directorate of Enforcement argues that the learned Trial Court has rightly held that the twin conditions under Sec. 45 of PMLA are applicable even while considering an interim bail application and that the applicant herein does not fall within the proviso to Sec. 45(1) of PMLA. It is argued that the medical condition of the applicant is not of such nature which warrants grant of interim bail on medical grounds. It is stated that the applicant herein, admittedly, was reviewed by jail dispensary number of times and was further taken to G.B. Pant Hospital, Delhi for medical checkup by the Department of Gastroenterology and the Cardiology Department, and it is evident from the medical records that sustained medical treatment is being provided to the applicant. It is further argued that there is absolutely no satisfaction by any authority that the treatment which is being provided by the jail authorities is either inadequate or insufficient to take care of the health condition of the petitioner. It is also submitted that the applicant has himself stated during his first medical examination by the jail medical doctors that he was not suffering from any chronic illness and had merely complained of diminution of vision and bloating for which he was prescribed medication. Further, the medical report of 28/11/2023 and 12/12/2023 received from the jail dispensary shows constant medical supervision and the fact that the condition of the inmate is stable. On 2/2/2024, the applicant was also taken to the jail dispensary complaining of severe pain in the right hip region', for which he was given medication. It is further argued that apart from the aforesaid, the applicant has repeatedly complained of bloating, irritable bowel syndrome, palpitation, chest pain/unstable angina, and for all of these issues, he has been prescribed medication and has been referred to G.B. Pant Hospital where he has been prescribed medication. It is thus, contended that it is evident form the medical reports of jail dispensary and G.B. Pant Hospital that the complaints of medical discomforts are not serious or life-threatening diseases which warrant invocation of proviso to Sec. 45 of PMLA. It also argued that if medical treatment can be provided by prison authorities, bail on medical grounds should not be granted, and the learned Trial Court has correctly applied the law laid down by this Court in the case of Sameer Mahendru v.Directorate of Enforcement 2023 SCC Online Del 6680. It is further argued on behalf of respondent that exceptional ground of 'sickness' for seeking bail should be exercised in a sparing and cautious manner, and any and every nature of sickness would not entitle an accused to be released on bail. It is further submitted that applicant is relying on medical reports of G.B. Pant Hospital, and must be referred to AIIMS, Delhi for fresh medical examination and status report. On these grounds, it is prayed that the present interim bail application be dismissed.