TaxTMI 
TaxTMI 
TaxTMI 
2025 (7) TMI 705
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....ail to the petitioner on the ground of deteriorating medical condition of the applicant/petitioner, who needs to undergo immediate surgical treatment at Civil Hospital, Sector 10, Gurugram where he is presently admitted for his treatment. The applicant/petitioner has, in the alternative, also sought permission to get surgical treatment done at the premier institute of his choice on his own expenses. Facts (2). Briefly stated that the petitioner is a former Member of Legislative Assembly. The petitioner's son is associated with certain companies which were engaged in certain real estate projects and the petitioner has nothing to do with the business affairs of his son. One Neeraj Chaudhary filed a criminal complaint under Section 156(3) CrPC for registration of FIR against the accused person wherein there were allegations of forgery. Resultantly, in pursuance to the order dated 07.01.2021 (Annexure P1) passed by the CJM, Gurugram, FIR No. 11 dated 14.01.2021, under Sections 120-B/406/420/467/468/471 IPC was registered at Police Station Sushant Lok, Gurugram (Annexure P2), wherein the present petitioner's name was never arrayed. (3). Thereafter, the said complaint and the above-sa....
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.... the petitioner and his son and the said application was allowed on the same day issuing non-bailable warrants against the petitioner and his son vide order dated 09.01.2025 (Annexure P41) followed by fresh open ended non-bailable warrants of arrest vide order dated 24.01.2025 (Annexure P42). Subsequently, on 04.05.2025, the ED officials apprended the petitioner while he was at Shangri La Hotel, Delhi in the evening of 04.05.2025 and was produced before the Special Court on 05.05.2025. At the time of production, the counsel for the petitioner before the Special Court pointed out that the petitioner had sustained grievous injuries and suspected fracture in his left elbow which required immediate medical attention. Consequently, the present petition i.e. CRWP-5261-2025 was filed seeking various prayers including to set aside the arrest order dated 05.05.2025. However, since the applicant/petitioner's medical condition has deteriorated, the instant application has been filed seeking interim bail to undergo surgery, as afore-stated. Contention of the petitioner (7). Learned senior counsel for the applicant/petitioner submits as per the sequence of events surrounding petitioner's arre....
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....generally limited, however, courts have established that this limitation does not preclude judicial scrutiny when the arrest is alleged to be illegal and in such cases, Constitutional Courts can entertain petitions and intervene to ensure that the individual's rights are protected and in that eventuality, the Courts would not be exceeding its power to examine the validity of arrest under Section 19(1) of PMLA. Reliance has been placed on Pankaj Bansal vs. Union of India (2023) SCC Online SC 1244 and Arvind Kejriwal vs. Directorate of Enforcement, (2024) SCC Online SC 1703. Respondents' counter (12). On the other hand, reply dated 19.06.2025 has been filed by Directorate of Enforcement wherein detailed factual aspects have been narrated and it is been averred that all the previous medical records of the petitioner were handed over to the resident doctor, however, he did not cooperate with the resident doctor and refused to get medically examined in AIIMS, New Delhi despite the request of the ED officials and was left against medical advice. It is also submitted that JPNATC is very much part of AIIMS and the entire averments are concocted by the petitioner to cover up his above....
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....0 mg. Patient also referred for Orthopedic & Neurology opinion which were taken and advised conservative management to be continued from Orthopedic deptt. and MRI, EEG and fundus examination are advised by Neurology deptt. under consideration. Psychiatry opinion was also taken" (15). Learned counsel then averred that there are contradictions between the observations of AIIMS, New Delhi and Civil Hospital, Gurugram/PGIMS Rohtak inasmuch as in the nursing assessment sheet dated 31.05.2025, it has been categorically recorded that the petitioner is not in vulnerable category of high blood pressure. (16). On legal issue, learned counsel for the respondent vehemently contended that the twin conditions under Section 45 of PMLA cannot be ignored while considering the prayer for interim bail in terms where the said provision can only be invoked in cases where the sickness suffered by the applicant is so serious and life endangering that it cannot be treated in jail which is not the situation in the present case. (17). A counter-assertion has been made by learned counsel for the respondent that if medical treatment can be provided by prison authorities, then bail on medical grounds cannot....
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....s satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: Provided that a person, who is under the age of sixteen years or is a woman or is sick or infirm [or is accused either on his own or along with other co-accused of money-laundering a sum of less than one crore rupees], may be released on bail, if the Special Court so directs: Provided further that the Special Court shall not take cognizance of any offence punishable under section 4 except upon a complaint in writing made by..." (21). Sub-clause (ii) of Section 45 of the PMLA can be bifurcated into two conditions for the purpose of grant of bail, namely, (i) if there are reasonable ground for believing that the accused is not guilty of such offences; and (ii) that such an accused is not likely to commit any offence, if he is released on bail. It has also been provided that the Special Courts are empowered to exercise jurisdiction de hors fulfillment of sub-clause (ii) of Section 45 and the grounds for exercising such a discretion is also provided. One of the exceptions provided under the Statute is that the accused....
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.... after satisfying the judicial conscience as to its proper use. The aspect of sickness when used as a ground to release the accused under the proviso to Section 437(1) Cr. P.C., has been examined by the Hon'ble Supreme Court and various High Courts as can be seen from the following decisions: (1) Pawan alias Tamatar v. Ramprakash Pandey ((2002) 9 SCC 166 : AIR 2002 SC 2224) (supra). In this case the Hon'ble Supreme Court has set aside the order of the Allahabad High Court granting bail to the accused inter alia on the ground that the allegation of ailment of the applicant is not specifically denied. The Hon'ble Supreme Court was of the view that the ailment of the accused was not of such a nature as to require him to be released on bail. It was observed that the accused can always apply to the jail authorities to see that he gets the required treatment. It was observed that in the application, the applicant had not stated that he still needs medical treatment or that he has not received proper medical treatment from the jail authorities. ..... 50. As observed in the various judgments cited above, mere admission of an accused to a hospital for medical treatment doe....
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....dictates of the ED officers as it did not reveal the exact nature of injuries and the seriousness thereof. (27). It is pointed out that the Assistant Director, ED wrote to the Principal Medical Officer, Civil Hospital, Sector-10, Gurugram, Haryana questioning the necessity of his continuous admission & details regarding his medical condition as well as the date of discharge and in reply thereto, the doctors informed that the Petitioner's fracture has to be fixed properly to avoid further complication in his elbow & surgical procedure and ORIF is planned for which clearance from physician etc. was required while labelling the Petitioner at high risk. He also averred that medical reports revealed grave illness of the petitioner and consequently, the treating doctor at the Heart Centre of the Civil Hospital diagnosed the petitioner to be suffering from LVH (Left Ventricular Hypertrophy) i.e. the condition wherein petitioner's heart's left ventricle thickens and enlarges, making it stiff and weak. He further highlighted that as per opinion of the doctor, the petitioner "may undergo surgery with high risk consent if there is overriding urgency for surgery". (28). The petitione....
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....tent complaints of neurological issues like nausea, vomiting, severe backache radiating to both lower limbs, numbness and tingling spinal sensations. Admittedly, the petitioner was again taken to Civil Hospital Gurugram, on 19/20.05.2025 wherefrom he was referred to PGIMS Rohtak. (31). Evidently, number of instances have been cited where the petitioner was taken to AIIMS or Civil Hospital, Gurugram but no proper and stable treatment was ever meted out to him despite knowing the fact that no surgery was conducted for his fractured elbow joint till 31.05.2025 with persistent complaints of pain and uneasiness. So much so that in the CT scan and all pre-operative investigations done on 02.06.2025, the petitioner was found "unfit for the required surgery due to increased blood pressure & Blood sugar levels since he was the patient of left ventricular hypertrophy thereby posing high risk for any complicated surgery. (32). The petitioner has appended medical documents regarding his NCCT left elbow conducted at Civil Hospital, Gurugram on 04.06.2025 (Annexure P82) and various other pre-operative tests and forms (Annexures P83 to P88). Inasmuch as at first instance, the doctors at AIIMS h....