TaxTMI 
TaxTMI 
2024 (7) TMI 556
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....dent as well as Medical Status Report dated 06.06.2024 filed on behalf of the Superintendent of Jail. Firstly, it would be apposite to refer to the Medical Status Report received from the Superintendent of Jail, which read as under:- "D.No./SMO/CJ-07/2024/1159 Dated: 05-06-2024 Sub: Medical Status Report of Amit Katyal S/o Om Prakash Katyal. As per the Medical Documents submitted, the inmate patient is an operated case of Bariatric Sleeve Gastrectomy on 09/04/2024 and is on Specified Diet Plan since 23/04/2024, with history of Coronary Artery Disease, Obstructive Sleep Apnoea, Diabetes and Syncope. He was re-lodged in CJ07 on 01/05/2024. The recommended diet chart was forwarded to the Jail Superintendent for necessary action. (Annexure A1 & A2). On 03/05/2024, scheduled OPD was cancelled as he submitted an application complaining of multiple episodes of vomiting along with pain in the chest. Subsequently in the evening the inmate visited jail dispensary with the complaint of Vomiting and Ghabarat after telephonic discussion with doctor he was provided with medication accordingly. On 06/05/2024, the inmate patient visite....
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....by the learned Special Court vide order dated 05.02.2024 and finding that the petitioner had surrendered on 01.05.2024 as well and taken into judicial custody, this Court found that in the absence of an opinion from the experts, it was difficult to come to a conclusion as to whether the conditions for grant of interim bail on medical grounds were made out. 4. At the same time, learned Single Judge observed that the Medical Status Report of the petitioner on the record could not be brushed aside, which prima facie suggested that he is a heart patient and has undergone Bariatric Surgery and in suffering from other ailments. Accordingly, the following directions were passed : - (i) The Director, All India Institute of Medical Sciences (AIIMS) is directed to immediately constitute a Medical Board of Doctors from minimum three different specialties having regard to the nature of ailments the petitioner is stated to be suffering from, for evaluating the medical condition of the petitioner. (ii) The Jail Superintendent is directed to furnish all medical records of the petitioner to the Medical Board of Doctors so constituted on or before 11.06.2024. The pairokar of th....
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....er); and that he is supposed to avoid certain fruits. He is advised to not consume sugar and sugary products and each major meal is prescribed to include complex cereals, minimum of 25-30 grams; apart from a protein rich intake like milk/curd/non-veg and provision of fruit allowances per day of 100 to 150 grams. As per the dietary recommendations, the patient is advised to avoid rice, bread, refined flour and its products and avoid beverages containing sugar; and advised that liquid intake should be more than 2 litres per day including water and low calorie drinks, seasonal vegetables specially lauki, torayee etc. should be consumed, and it is further advised that he should avoid food items which are difficult to digest in initial months of surgery-specially bhindi, excess raw food, items etc., avoid potato especially in fried form and avoid other fried foods as well. 8. It is further pointed out that a Dietary chart is also provided alongwith the report and it is vehemently urged that the jail is completely ill-equipped to ensure and provide such dietary requirements to the applicant and thereby monitor his health. Mr. Lekhi also pointed out that in the interregnum, the petitio....
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....n alluding to the order dated 01.05.2024 passed by the learned Special Judge (PC Act) CBI-24 (MP/MLA Cases), Rouse Avenue District Courts, New Delhi, wherein no issue was raised about the dietary requirements of the petitioner, urged that if there is any requirement of a special diet to the petitioner, the same can be brought to the jail premises by way of home-cooked food and can be made available to the petitioner. 12. In rebuttal, Mr. Lekhi, learned Senior Counsel for the petitioner has urged that his grievance started after 01.05.2024 when the medical condition deteriorated due to post operative effects of Bariatric Surgery and it was urged that the learned Special Counsel for the ED has not refuted the plea that special dietary requirements to the petitioner should be of paramount consideration so as to avoid any life threatening situation. Mr. Lekhi in his submission has relied on decisions in Devki Nandan Garg v. Directorate of Enforcement 2022 SCC OnLine Del 3086; Vijay Agrawal v. Directorate of Enforcement 2022 SCC OnLine Del 4494; Kewal Krishan Kumar v. Enforcement of Directorate 2023 SCC OnLine Del 1547; Sameer Mahandru v. Directorate of Enforcement 2023 SCC OnLine De....
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....n by this Court tilted Sanjay Jain (JC) v. Enforcement Directorate 2023 DHC 4092, it was held that the right of an individual to be released on interim bail on medical grounds arises when specialized treatment becomes necessary and the same cannot be provided by the jail authorities. It would be apposite to refer to the relevant observations in the judgment that go as under:- "29. The power to grant bail on medical grounds under the first proviso to Section 45(1) of the Act is discretionary, therefore, the same has to be exercised in a judicious manner guided by principles of law after recording satisfaction that necessary circumstances exist warranting exercise of such a discretion. 30. In Pawan Alias Tamatar (supra), the High Court had granted bail to the accused merely on the pretext on the allegations of ailment were not specifically denied. The Hon'ble Supreme Court while setting aside of the order of the High Court observed that the ailment of the accused was not of such a nature requiring him to be released on bail. It was further observed that the accused can always apply to the Jail authorities to see that he gets the required treatment. 31. Clea....
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....le Judge (Vacation Bench), while passing the aforesaid directions vide order dated 07.06.2024. It would be relevant to point out that interpretation of the proviso to Section 45 (1) of the PMLA as to what constitutes a person to be "sick" or "infirm" has come up for judicial discussion and interpretation in a plethora of judgments. In the case of Devki Nandan Garg (supra) relied upon by the learned Senior Counsel for the petitioner, the applicant was suffering from severe co-morbidities including but not limited to a serious heart condition and non-functional kidney besides other related ailments. This Court, holding such aspects to be covered by the word "sick" in the proviso of Section 45 (1) allowed interim bail to the applicant/accused on medical grounds. 18. In the case of Vijay Aggarwal (supra) relied upon by the learned Senior Counsel for the petitioner, the applicant was suffering from ailments relating to the spine alongwith other back problems and there was material produced to the effect that on account of lack of treatment in the jail, the applicant's strength and sensory powers had immensely decreased. Considering such neurological issues, interim bail on medical gr....