Medical grounds interim bail extended six weeks despite stable vitals, surrender required unless hospitalization needed

Delhi HC granted six-week extension of interim bail to accused on medical grounds. Medical Board found patient's vitals stable with unremarkable cardiovascular and respiratory examination, concluding treatment was feasible in government hospital custody without immediate hospitalization required. However, since accused was rehospitalized on 26.09.2022, court allowed interim bail continuation until 30.09.2022. Accused directed to surrender on expiry date unless medical condition prevents discharge, in which case judicial custody in hospital permitted. Medical Board to re-evaluate condition within one week of 30.09.2022.

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Issues Involved:

1. Legality of the extension of interim bail granted to the respondent.
2. Medical grounds for granting interim bail.
3. Compliance with Section 45 of the PMLA.
4. Evaluation of the respondent's medical condition by a Medical Board.
5. Continuity of medical treatment in custody.

Detailed Analysis:

1. Legality of the Extension of Interim Bail:

The petitioner, Directorate of Enforcement, filed a petition under Section 439(2) read with Section 482 Cr.PC to set aside the order dated 30.08.2022, which granted an extension of interim bail to the respondent for six weeks from 19.08.2022. The petitioner also sought a stay of proceedings before the Special Court, PMLA, regarding the respondent's application for further extension of interim bail.

2. Medical Grounds for Granting Interim Bail:

The respondent was granted interim bail on medical grounds multiple times. The court referred to its previous order dated 17.08.2022, which emphasized that interim bail should be granted only on compelling medical reasons. A Medical Board was directed to evaluate the respondent's medical condition to ensure the legitimacy of the medical grounds cited.

3. Compliance with Section 45 of the PMLA:

The court highlighted the strict provisions of Section 45 of the PMLA, which necessitate compelling reasons for granting bail. The petitioner's counsel argued that repeated interim bail on medical grounds was inconsistent with the legal standards set by Athar Parvez vs. State. The court noted that the respondent's medical condition should be thoroughly assessed to justify the bail.

4. Evaluation of the Respondent's Medical Condition by a Medical Board:

The Medical Board, constituted as per the court's direction, examined the respondent and submitted a report on 22.08.2022. The report indicated that the respondent had several medical conditions, including diabetes, hypertension, coronary artery disease, and others. However, it concluded that the respondent's vitals were stable and he was doing well with the current treatment.

5. Continuity of Medical Treatment in Custody:

The court noted that the respondent had been hospitalized again on 26.09.2022. Given this development, the court decided not to deprive the respondent of the interim bail benefit until 30.09.2022. The respondent was directed to surrender to the Superintendent Jail on the expiry date of the interim bail. If the respondent's medical condition required continued hospitalization, he would remain admitted in judicial custody until his condition improved. The Medical Board was instructed to re-evaluate the respondent's condition within a week from 30.09.2022.

The Superintendent Jail was also directed to ensure that the respondent received necessary medical treatment at "Max Hospital" at his own cost, ensuring continuity of care.

Conclusion:

The court's decision balanced the legal requirements under the PMLA with the respondent's medical needs. It emphasized the need for compelling medical reasons for bail and mandated a thorough medical evaluation to ensure compliance with legal standards. The respondent's interim bail was extended conditionally, subject to medical re-evaluation and continuity of treatment in judicial custody if necessary. The case was listed for further hearing on 07.10.2022.

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