High Court Grants Applicant One Week for Fresh Bail Application Due to Medical Condition

The High Court granted the applicant one week to appear before the trial court and file a fresh bail application, considering her serious medical condition. The court directed no coercive action be taken against her during this period. Failure to comply would result in the prosecution taking necessary steps.

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Issues Involved:
1. Rejection of bail application by the Special Court, PMLA / Sessions Judge, Lucknow.
2. Applicant's non-appearance before the trial court.
3. Applicant's medical condition and its impact on her ability to appear in court.
4. Legal provisions and precedents concerning bail applications and interim protection.

Detailed Analysis:

1. Rejection of Bail Application by the Special Court:
The applicant's bail application was rejected by the Special Court on two grounds: the expiry of interim protection granted by the Apex Court, and the applicant's non-appearance in court. The High Court noted that the applicant had been granted interim protection by the Apex Court on several occasions, but the Special Court rejected the bail application due to her absence.

2. Applicant's Non-Appearance Before the Trial Court:
The applicant did not appear in person before the trial court, which was a requirement for the disposal of her bail application. The High Court acknowledged that the applicant should have appeared before the trial court when her bail application was to be disposed of, as per the provisions of Cr.P.C. The court found no illegality in the trial court's order rejecting the bail application due to her non-appearance.

3. Applicant's Medical Condition:
The applicant's counsel argued that she could not appear in person due to serious illness, supported by medical documents indicating multiple life-threatening diseases. The High Court considered her medical condition, noting that she had been hospitalized multiple times due to severe health issues. The court granted her liberty to appear before the trial court within one week and file a fresh bail application, to be disposed of expeditiously.

4. Legal Provisions and Precedents:
The High Court referred to various orders from the Apex Court, including interim protections and directions for the applicant to appear before the trial court. The court emphasized that the applicant's presence was necessary for the trial court to decide on her bail application. The High Court also considered the applicant's critical health condition and previous protections granted by the Apex Court, allowing her another opportunity to present her case.

Conclusion:
The High Court disposed of the application, granting the applicant one week to appear before the trial court and file a fresh bail application. The court directed that no coercive action be taken against her until her appearance or the expiry of the one-week period. The court stressed that if the applicant failed to appear within the stipulated time, the benefit of the order would not be available to her, and the prosecution could take appropriate coercive steps.

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