2021 (4) TMI 69 - HC - Money Laundering

Supreme Court rejects bail plea; emphasizes proper medical grounds for interim bail.

The Supreme Court dismissed the Special Leave to Appeal in a case involving an accused-applicant seeking bail under Section 439 CrPC and Section 45 PMLA. ... Permission for withdrawal of application - second application seeking grant of interim bail on medical grounds - reports given by the Doctors, posted in jail was forged and misused by appellant - HELD THAT:- This Court finds that the Senior Medical Officer, in his report dated 15.08.2020, has specifically opined that the accused-applicant was required to be worked at for surgery since surgical issue had got deteriorated which means that accused needed urgent surgery at a High Referral Hospital. This report became the basis for enlarging the accused-applicant on interim-bail by the Delhi High Court vide order dated 17.09.2020 as well as the order dated 14.08.2020 passed by this Court. The Doctors, posted at the Jail Hospital, are required to remain careful, while issuing medical certificates, which may be misused by an accused. In the present case, the accused-applicant pressurized the AIIMS, New Delhi for his admission, but no urgency was found by the AIIMS, New Delhi for his admission for any surgery. However, the report dated 15.08.2020 of the Senior Medical Officer of Central Jail, 11 Mandoli, Delhi points out extreme urgency of surgical intervention for ailment of the accused-applicant - Mr. Lalit Kumar, the Senior Medical Officer, Central Jail, 11 Mandoli, Delhi is cautioned to remain careful in future, while issuing medical report in respect of an accused as the same may be used for an accused to obtain favourable order from the Court. The Director, AIIMS, in his affidavit dated 14.02.2021 has stated that the accused-applicant was mounting pressure upon the authorities and Doctors of the AIIMS for admission, but none of the Departments recommended for his admission or surgery - the accused-applicant then submits that he would not like to press this second application for interim bail on medical ground and, he prays that the same may be dismissed as withdrawn. This second application for interim bail is dismissed as withdrawn. Issues Involved:1. Application for bail under Section 439 CrPC read with Section 45 PMLA.2. Application for interim bail on medical grounds.3. Examination of medical reports and the necessity for surgery.4. Compliance with court orders and subsequent actions of the accused-applicant.5. Verification of the medical condition and the genuineness of the medical reports.Detailed Analysis:1. Application for Bail:The accused-applicant, Managing Director of Amrapali Group of Companies, filed a bail application under Section 439 of the Criminal Procedure Code, 1973, read with Section 45 of the Prevention of Money Laundering Act, 2002. This application was rejected by the Special Judge/Sessions Court, PMLA, Lucknow, on 15th July 2020. The High Court dismissed the regular bail application on 9th December 2020. The Supreme Court also dismissed the Special Leave to Appeal on 19th January 2021, stating that the petitioner should have sought an extension of interim bail on medical grounds rather than pursuing the main bail petition.2. Application for Interim Bail on Medical Grounds:During the pendency of the bail application, the accused filed a Criminal Misc. Application for interim bail on medical grounds, supported by a medical report dated 15th August 2020 from the Senior Medical Officer, Central Jail, Mandoli, Delhi. The report detailed multiple ailments, including hypertension, dyslipidemia, osteoarthritis, and a need for surgery due to pain in the inguinal region affecting both testes. The Court granted interim bail for six weeks or until recovery, whichever was earlier, to get treatment at AIIMS, New Delhi. Specific conditions were imposed, including reporting to AIIMS immediately after release and surrendering after discharge or the expiry of six weeks.3. Examination of Medical Reports and Necessity for Surgery:The medical report from the Senior Medical Officer indicated the need for urgent surgery at a higher referral center. The accused was released on 8th December 2020 and reported to AIIMS on 15th December 2020. He was examined by departments of Surgery, Medicine, and Orthopedics, but no urgency for admission or surgery was found. The Director of AIIMS reported that the accused did not follow up as advised and was pressuring for admission, which was not recommended by any department.4. Compliance with Court Orders and Subsequent Actions of the Accused-Applicant:The accused did not comply with the court's direction to report to AIIMS immediately after release and delayed his visit until 15th December 2020. He also did not follow up with the prescribed medical examinations and treatments. The accused surrendered before the Court at Delhi instead of the Special Judge, PMLA, as directed.5. Verification of Medical Condition and Genuineness of Medical Reports:The Enforcement Directorate filed an application questioning the genuineness of the medical report dated 15th August 2020 from the Senior Medical Officer, Central Jail, Mandoli. The Court issued a notice to the Senior Medical Officer to file an affidavit in response. The Director, AIIMS, submitted an affidavit stating that the accused was pressuring for admission without any recommendation for surgery. The Senior Medical Officer maintained that his report was based on the accused's medical history and was not at variance with AIIMS's findings.Conclusion:The Court observed that the Senior Medical Officer's report indicated an urgent need for surgery, which was not corroborated by AIIMS. The Court cautioned the Senior Medical Officer to be careful while issuing medical certificates. The second application for interim bail on medical grounds was withdrawn by the accused's counsel after AIIMS's affidavit indicated no urgency for admission or surgery. The application by the Enforcement Directorate was disposed of with the aforementioned observations.