SAMEER MAHANDRU Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) The present application has been filed on behalf of applicant Sameer Mahandru under Sec. 482 of the Code of Criminal Procedure 1973 ('Cr.P.C.') in terms of liberty granted to him vide judgment dtd. 7/3/2024.

(2.) The above-captioned bail application was filed by the applicant seeking grant of interim bail on medical grounds, which was dismissed by this Court vide judgment dtd. 7/3/2024. However, vide para no. 15 of the said judgment, this Court had granted liberty to the applicant to get the prescribed 'Arthroscopic Medial Meniscal Repair' surgery rescheduled and thereafter move a fresh application before this Court seeking appropriate directions, i.e. for permission to undergo the required surgery while being in custody of the Jail Superintendent. The relevant portion of judgment dtd. 7/3/2024 reads as under:

(3.) Learned counsel for the applicant argues that the surgery of the applicant i.e. "Arthroscopic Medial Meniscal Repair surgery", which was earlier scheduled for 26/2/2024, has now been rescheduled for 19/3/2024 with PAC to be conducted on 18/3/2024, with further advice of rehabilitation and physiotherapy for 6 weeks, inspection of dressing/ suture removal between 2-3 weeks, with rehabilitation program of 6 weeks like stationary cycling, core conditioning, crutch ambulation, RoM, Gait Training, IFT, Anti-gravity treadmill, muscle strengthening on isokinetic machines and then further regimen after 6 weeks of surgery, depending on the status, vide prescription dtd. 11/3/2024 by Dr. Abhishek Kumar Mishra. It is now submitted that since the counsel for respondent had sought time to file reply to this application and the matter was listed on today i.e. 20/3/2024, the surgery has now been again re-scheduled for 23/3/2024 vide prescription dtd. 13/3/2024. It is prayed that this Court may direct the jail authorities to take the applicant to VNA Hospital at 1, Navjivan Vihar, Geetanjali Enclave, Malviya Nagar, New Delhi-110017, for admission on 22/3/2024, for undergoing the aforesaid surgery scheduled for 23/3/2024 and allow him to remain admitted in the said Hospital, at least for a period of 6 weeks, for his recovery and post operative care. It is also stated that his parents, wife and children be also allowed to accompany, assist and remain present with him, during the entire course of his hospitalisation, and postoperative care and that he be further allowed to be given home cooked food, as per the medical advice.