Interim Bail On Medical Grounds Shouldn't Be An Option Only When Prisoner Is On Deathbed: Delhi High Court

Observing that a prisoner suffering from serious health ailments should be given an opportunity to undergo adequate medical treatment, the Delhi High Court has said that the discretion of granting interim bail on medical grounds may not be exercised only at a stage when the person is breathing last or is in the position that he may not survive.

Justice Dinesh Kumar Sharma said howsoever serious the offence may be, the health condition of a human being is paramount. The court said the health concern of a person has to be taken care of by the State and keenly watched by the judiciary.

"This Court firmly believes that a person in custody suffering from serious ailment should be given an opportunity to have the adequate and effective medical treatment. The discretion for granting the interim bail on medical ground may not be exercised only at a stage when the person is breathing last or is on the position that he may not survive." 

The court also directed the authorities to ensure that long dates are not given for medical examination of the prisoners and to take immediate steps for developing an effective and adequate mechanism for the same.

The court made the observations while granting interim bail on medical grounds to one Vijay Agrawal, who is stated to be suffering from various health ailments relating to spine and back. Arrested on March 14, the 59-year-old is an accused in a money laundering case being probed by the Enforcement Directorate (ED). He has been in judicial custody since March 21.

While it was the case of the accused that his condition has worsened since his stay in jail as he was not getting proper treatment, the counsel appearing for ED submitted that Agrawal's earlier bail plea was dismissed by a coordinate bench on September 9.

ED's counsel also submitted that there is no change of circumstances necessitating the grant of interim bail on medical grounds and that Agrawal is not suffering from any serious ailments which require any immediate hospitalization or further intervention.

On the other hand, Agrawal's counsel submitted that the accused is able to walk only a few steps without any support. The court was apprised that he has been diagnosed with "PIVD (Prolapsed Intervertebral Disk), LCS (Lumbar Canal Stenosis) L-3, L-4, L-5 and L5-S1."

It was submitted that although the jail authorities tried to get Agrawal's MRI conducted, the date fixed for the same was December 8, 2023. His counsel therefore submitted that while the jail authorities had taken him for further examination, no neurosurgery evaluation was conducted.

The counsel also apprised the court that Agrawal was waiting for neurosurgery review since July 2022 Interim bail on medical grounds was thus sought so that Agrawal can undergo his neurology medical examinations.

The court perused the report of the Tihar Jail superintendent which stated that though Agrawal's general condition was stable and all the medicines were being provided to him by the dispensary, however, the date for MRI SL Spine with SL Joint was scheduled for December 8 next year. 

It was also noted that the G.B. Pant Hospital did not accept the request for an early date of appointment for MRI LS Spine. "... this Court cannot ask the petitioner to wait for further one year only for advance neurological test," said the bench.

Observing that the allegations against Agrawal are serious in nature, Justice Sharma clarified that it has not gone into the merits of the case and that the seriousness of allegations shall be examined in light of the twin conditions as provided under section 45 of PMLA "at the time of the decision of the pending bail application."

Observing that Agrawal is suffering from painful ailments which need immediate redressal, the court granted him interim bail on medical grounds till February 10, 2023.

"It is clarified that the interim bail on medical grounds is granted on the peculiar facts and circumstances of the case and will definitely not be taken as a precedent," it said.

Title: VIJAY AGRAWAL THROUGH PAROKAR v. DIRECTORATE OF ENFORCEMENT

Citation: 2022 LiveLaw (Del) 1194

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