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Interim Bail Extension Upheld; Medical Board Evaluation at Dr. RML Hospital Approved, Aligns with Supreme Court Orders The HC dismissed the petition by the Directorate of Enforcement seeking to set aside the extension of interim bail granted to the respondent. The HC ...
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Interim Bail Extension Upheld; Medical Board Evaluation at Dr. RML Hospital Approved, Aligns with Supreme Court Orders
The HC dismissed the petition by the Directorate of Enforcement seeking to set aside the extension of interim bail granted to the respondent. The HC upheld the continuation of interim protection as directed by the SC and allowed the respondent's examination by the Medical Board at Dr. RML Hospital, consistent with SC orders. The HC found no need for further clarification on the medical evaluation, aligning with the SC's stance. The case was disposed of, acknowledging the respondent's approach to the SC, and clarified the interaction between various judicial orders regarding interim bail and medical examination.
Issues: 1. Petition to set aside extension of interim bail. 2. Interpretation of orders by Hon'ble Supreme Court and Special Judge. 3. Examination of respondent by Medical Board.
Analysis: 1. The judgment pertains to a petition filed by the Directorate of Enforcement seeking to set aside the extension of interim bail granted to the respondent by the ASJ-06, Patiala House Court, New Delhi. The petition was filed under Section 439(2) read with Section 482 Cr.P.C. The High Court considered the plea and the relevant orders passed by the Supreme Court and a Special Judge in this regard.
2. The learned senior counsels for the respondent referred to the order passed by the Hon'ble Supreme Court of India in a related matter. The Supreme Court order directed that the interim protection granted by the High Court should continue until a specified date. The Supreme Court clarified that the pendency of the special leave petition or the High Court's order should not hinder the consideration of the petitioner's application for regular bail. Additionally, a reference was made to an order passed by a Special Judge seeking clarification on the High Court's order.
3. The High Court analyzed the Supreme Court's order and noted that there was no ambiguity regarding the continuation of the interim protection granted by the High Court. However, the petitioner raised concerns about the examination of the respondent by the Medical Board of Dr. RML Hospital, as directed by the High Court. The High Court opined that no further clarification was needed from their end, as the Supreme Court did not make any observations regarding the medical evaluation directive. The High Court allowed the petitioner to have the respondent examined by the Medical Board at Dr. RML Hospital, where the respondent was admitted, subject to the Supreme Court's orders. The respondent's counsels did not object to this arrangement.
In conclusion, the High Court disposed of the petition as per the requests made by the parties, as the respondent had already approached the Hon'ble Supreme Court of India. The judgment provided clarity on the continuation of interim protection, the examination of the respondent by the Medical Board, and the interaction between the orders of different judicial authorities in the case.
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