TaxTMI 
TaxTMI 
2021 (5) TMI 1014
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....dical ground. 3. The applicant is investigating authority under PMLA 2002. The respondent No. 1 is an accused in PMLA Special case No. 377 /2021. He preferred an application for bail on merits. The application also referred to few averments regarding his health condition. The application was preferred on 25th February, 2021. The roznama produced before the Court indicate that the application was listed before trial Court on 1st March, 2021. It was adjourned for filing say. It was again adjourned to 9th March, 2021 for filing say. The roznama dated 9th March, 2021 records that,say is filed by prosecution. Notice was issued to concerned Jail Superintendent to file status of medical health of the accused on 12th March, 2021. On 12th March, 2021 the trial court passed order that, medical report of the accused is awaited. Hence issue direction to the Jail authority to submit latest medical report of the accused to court on or before 16th March, 2021. Thereafter, case was adjourned to 24th March, 2021 and 30th March, 2021. The trial Court vide order dated 30th March, 2021 issued show cause notice to the superintendent of jail why the order of court is not complied with inspite of dire....
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....an and examined respondent No. 1. It was also directed that, if necessary, the respondent No.1 be hospitalised in J. J. Hospital. The report was directed to be placed before this Court on the next date of hearing. The application was adjourned to 19th April, 2021. The order granting bail, passed by the Special Court continued to be kept in abeyance. The report from the J. J. Hospital was received on 19th April, 2021. The application was posted on 21st April, 2021. In the Order dated 21st April, 2021 it was observed that, learned counsel for the applicant had submitted that CT-scan, has not been conducted, since the medical board was constituted in accordance with order dated 9th April, 2021. It was also submitted that requisition has been given to J. J. Hospital for conducting CT scan and the same would be performed immediately. The report would be submitted by the J. J. Hospital after constituting medical board. The report also mentioned that endocrinologist department was not available in J. J. Hospital and it could be performed at Sion, KEM or Nair Hospital. It was also submitted that, in the meantime, endocrinology and CT scan would be performed and the report would be placed f....
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....the respondent No.1 is being treated at St. George's Hospital for covid -19. The report mentions that respondent No. 1 is tested positive for covid-19, RT-PCR on 21st April, 2021 and is presently admitted in S. G. Hospital and being treated for covid-19 pneumonitis. The report further mentions that since the patient is Covid-19 positive and is under treatment and isolated for the same at St. George's Hospital and due to nonavailability of expert and experienced endocrinologist at J. J. Hospital / St. George's Hospital, the endocrinology examination of the patient could not be done. Due to covid-19 isolation protocol, patient cannot be referred to Sion, Kem or Nair hospital for expert endocrinology opinion presently. The report further refers to present investigation of respondent No.1 which is as follows: "His present investigations (till date) are as follows: Investigation Date: 27/04/2021 28/04/2021 Hemoglobin 14.1 gldr TLC 5670/m Platelets 1,57,000/m Sodium 146 143 Potassium 3.3 3.8 creatinine 1.2 CRP 35.2 D-dimer 0.29 ferritin 258 mg/ml &n....
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.... would depend upon clinical evaluation. The respondent No. 1 is entitled for bail on medical grounds. The health condition of respondent No.1 has turned out worst now and it is deteriorating. He has been complaining about rectal bleeding. He needs to carry out tests and undergo treatment. There is serious risk to his life. 12. While granting bail to the respondent No.1, Special Court has observed that report of the concerned jail in respect to medical treatment was called. The report is submitted to Court. The Court observed that, there is surge in case of covid-19 and situation is looking grim. Even if respondent No.1 is sent to hospital for test, or otherwise it would be harmful to life due to covid-19. Special Care and medication is required. The Chief Medical Officer had submitted report dated 24th March, 2021 in compliance to the order of the Court before trial Court. The report mentions as follows: "As per Hon'ble Court order above named prisoner was sent to J. J. Hospital on 12th March, 2021 for the complaint of Hematuria and burning sensation while passing urine. Surgeon refer the case to urologist. Accordingly, was sent to urologist on 18th March, 2021. Blood t....