TaxTMI 
TaxTMI 
2023 (5) TMI 1263
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....itional affidavit regarding the medical condition of the petitioner himself. Learned senior counsel submits that though initially bail was sought on the merits but however in the interregnum period, the health condition of the petitioner has deteriorated and the medical record which is being furnished shows that the petitioner is sick and infirm. 3. Mr.S.V.Raju, learned Additional Solicitor General confirms that copy of the additional affidavit has been supplied to them and the same have been verified and found to be genuine. Learned ASG further submits that though they oppose the application on merits but however in view the medical condition of the petitioner, an appropriate order may be passed. Learned ASG has very fairly submitted that during the period when the petitioner was on bail there has been no violation of any bail condition or tampering of evidences has been reported. 4. Mr.Vikas Pahwa submits that though there was no specific averment regarding grant of bail on medical grounds but the question being involved of the liberty of an individual, this court may entertain the request for enlarging the petitioner on bail on medical grounds in view of his health condition. ....
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....e petitioner thereafter remained admitted in Deen Dayal Upadhyay hospital from 24.02.2023 to 27.02.2023. In Discharge summary dated 27.02.2023, it was mentioned: Admitted Diagnosis Acute Low Back Pain Final Diagnosis Bilateral Lower Limb Radiculopathy Operations Conservative Management Summary of Case: Patient was admitted with the above mentioned diagnosis and was planned for conservative management of his symptoms. He was managed on Lumbar Traction and medical therapy Patient B Symplometrally better now and being planned for discharge with the following advice. The petitioner was advised CT Scan and was asked to follow up after four weeks. Learned senior counsel has further relied upon Extraction of examination dated 28.02.2023 by Medical Officer Incharge, Central Jail: 10.03.2023 C/O Low Back Pain Radiating to both lower limbs O/E Pt can and 'illegible' BP - 160/94 m D-80mg CVS-LL+ CNS- 'ILLEGIBLE' Chest - B/L, A/E equal P/A- Softnontender Tab-Amlodipine 5 mg OD X 7d ADV- CST 28-02-2023 To 1 Week Review C. SR Ortho S Lipid Profile C SR Medicine CT LS Spine - D12-Ll Disc space Reduction C mild osteo Phytic Format....
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....ness+ reeling - Continuously - Backpain - radiating down leg - Occasional headache- Insomnia S/B.- Orthopaedics Medication for LBP given. O/E- No eye contact, Feeling low; Says unable to talk to anyone SLR reduced L Leg . Spasm + + C- spine Somatization + Stress/depression related. Needs:- 1. Bloods CBC Electrolytes, creatinine, Lipid Profile, LFT and Vit D levels, 2. MRI of brain R T. ESCITACOPRAM 10 mg at bed time- 10 pm Counselling .-now See in 1 month: earlier if required 11. Mr.Vikas Pahwa, learned senior counsel submits that while the petitioner was on bail his health condition deteriorated. Learned senior counsel has submitted that in view of Section 45 of the PMLA, the petitioner being sick and infirm is entitled to be admitted to bail. Learned counsel has relied upon the judgment of this court in Devaki Nandan Garg vs. Directorate of Enforcement, 2022 SCC OnLine Del 3086 wherein it was inter alia held as under: 33. A bare perusal of the Statement of Objects and Reasons of the PMLA goes to show that inclusion of the above conditions for grant of bail as a proviso to Se....
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....45. Given the present case relates to Section 45 of the PMLA, it is noted that courts have considered the medical condition of the accused for grant of bail even for offences committed under the aforesaid act.This court in D.K. Shivakumar v. Directorate of Enforcement granted bail under Section 45 of the PMLA whilst observing the following: "18. In addition to above all discussed, undisputedly, the petitioner has been hospitalised 4 times in the past 3 weeks and has been diagnosed with hypertension, diabetes, hypothyroidism, electrolyte imbalance. The petitioner was kept in Cardiac Care Unit (CCU) and as the petitioner complained of chest pain, Angiography was also performed on the petitioner on 18-9-2019. 19. Moreover, the proviso to Section 45 of the PML Act, provides that in case of sick person, bail should be granted to the person arrested" 46. The applicant continues to suffers from serious co-morbidities, including but not limited to a serious heart condition and a nonfunctional kidney, with the other working in a compromised position. Considering that the applicant is aged, sick and infirm, who is suffering from various complicated diseases, the application needs to be a....