Delhi High Court - Orders
Kapil Wadhawan vs Central Bureau Of Investigation on 19 December, 2024
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3640/2024
KAPIL WADHAWAN .....Petitioner
Through: Mr. Vikas Pahwa, Sr. Advocate along
with Mr. Ashish Verma, Mr. Prakhar
Parekh, Mr. Debopriyo Moulik, Mr.
Vijay Kari Singh, Ms Namisha Jain
and Ms. Sanskrit, Advocates
versus
CENTRAL BUREAU OF INVESTIGATION .....Respondent
Through: Mr. Anupam S Sharrma, SPP
alongwith Mr. Alok Kumar Singh,
Additional SP for CBI
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 19.12.2024
CRL.M.(BAIL) 2004/2024
1. The instant application under Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS") [earlier Section 439 of the Code of Criminal Procedure, 1973] has been filed on behalf of the petitioner/applicant seeking grant of interim bail in CC No. 61/2022 arising out of FIR/RC No. RC2242022A0001 dated 20th June, 2022 for the offences punishable under Sections 120-B/409/420/477-A of the Indian Penal Code, 1860 ("IPC" hereinafter) read with Sections 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1998 and Sections 411, 424, 465 and 468 of the IPC which were added subsequently.
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2. Issue notice.
3. Mr. Anupam S. Sharma, learned SPP, appearing on advance notice, accepts notice on behalf of the respondent-CBI.
4. Mr. Vikas Pahwa, the learned senior counsel for the applicant submitted that the regular bail application being BAIL APPLN. 3640/2024 is still pending for adjudication before this Court and the present application has been filed on behalf of the applicant seeking interim bail on medical grounds as the applicant is suffering from various ailments.
5. Learned senior counsel for the applicant referred to the medical status report dated 9th December, 2024 of the applicant filed by the concerned jail authority submitting to the effect that the applicant is a diagnosed and follow-up patient of Hypertension, Dyslipidemia, Pain Abdomen, Urinary Incontinence due to Urinary Tract Infection/Burning Micturition/ Enlarged Prostate (BPH), Post Operated Hemorroidectomy, Severe Anal Fissure, Inguinoscrotal Swelling, Peptic Ulcer Disease, GERD (Gastro Oesophageal Reflex Disease), Sigmoid Diverticulitis, Lumber Back-Ache, Severe Obstructive Sleep Apnea Syndrome (OSAS), Body Weight Loss and Constipation.
6. It is also submitted that as per the said medical report, the applicant was referred to Emergency Deen Dayal Upadhyay Hospital (D.D.U. Hospital) on 13th November, 2024 for persistent pain in abdomen, retention of urine and vomiting. In the ultrasound of the applicant, it was found that the applicant has multiple small calculi (stone) in gall bladder, enlarged prostate, 17 mm defect in anterior abdominal wall →Right Inguinal Hernia, 26 mm defect in anterior abdominal wall →Left Inguinal Hernia and Grade II Fatty Liver.
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7. It is further submitted that it is also stated in the medical status report that the surgery specialist doctor of D.D.U. Hospital, after receiving the ultrasound report, has opined for PAC (Pre-Anesthetic Checkup) and the operation/action namely Cholelithiasis: Laproscopic/Open Cholecystectomy (Removal of Gall Bladder), Bilateral Inguinal Hernia: Laproscopic/Open Mesh Hernioplasty (Repair of Inguinal Hernia) and the said surgery specialist has further stated that the Endoscopy/Gastroenterology/Urology Department are not available in D.D.U. Hospital for which the patient is referred to a higher centre for further investigation and needful management.
8. Learned senior counsel for the applicant further submitted that the applicant is languishing in jail for more than two years in the present case and due to the diseases mentioned in the aforesaid medical report, on 12th and 13th November 2024, the applicant experienced multiple episodes of vomiting as well as Gastroesophageal reflux disease. Thereafter, he was rushed to D.D.U. Hospital in emergency where they stated that the applicant would require an endoscopy for treatment of Gastroesophageal reflux disease.
9. It is further submitted that upon a preliminary investigation, it was also revealed that the applicant has a Benign Prostatic Hyperplasia or Prostatomegaly (enlarged prostate) and if it remains untreated it could lead to damage to the kidneys and blood in the urine. It is further submitted that for the treatment of Prostatomegaly, the applicant was suggested to seek an opinion of an Urologist and to undergo an Uroflowmetry test.
10. It is further submitted that upon further examination of the applicant in D.D.U. Hospital, it was also revealed that he is suffering from various This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2024 at 22:49:22 other ailments like Peptic Ulcer Disease, Iron Deficiency Anemia, Anal Fissures, Hypertension and Obstructive Sleep Apnea Syndrome. Furthermore, two blood tests of the applicant also revealed that he is suffering from Urinary Tract Infection since a long time.
11. Learned senior counsel for the applicant submitted that the aforesaid diseases might cause damage of liver and other vital parts of the body. It is further submitted that taking into consideration the day-to-day deterioration of his health conditions and the fact that the jail authorities are not able to provide him proper treatment, the applicant may be released on medical grounds to avail the best available medical facilities at his end. Learned senior counsel undertakes that the applicant shall abide by all the terms and conditions imposed upon by this Court while granting bail to the applicant.
12. In view of the foregoing submissions, it is prayed that applicant be released on interim bail.
13. In terms of the directions of this Court, the medical report filed by the concerned jail authority is on record. The relevant portion of the said report has already been referred to by the learned senior counsel for the petitioner and has been noted by this Court.
14. Per contra, learned SPP for the respondent-CBI has vehemently opposed the instant interim bail application by submitting that the present application for interim bail is nothing but a gross misuse of the process of law. He further submitted that the regular bail application of the applicant is still pending before this Court and instead of arguing the said application, the applicant has filed the present application for interim bail on the pretext of medical grounds.
15. Learned SPP, while referring to the medical history of the applicant, This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2024 at 22:49:22 submitted that he was admitted on 3rd July, 2021 at JJ hospital Mumbai for abdominal discomfort and chest pain, his cardiac evaluation was done, ultrasound of his abdomen was also done which revealed that he had Fatty Liver, Cholecystitis and Dilated Bowel Loops, for which he was treated conservatively and was discharged on 10th July, 2021 with the advice to follow-up in Department of Surgical Gastroenterology, KEM Hospital.
16. Learned SPP further submits that the allegation against the applicant is of embezzlement of more than Rs.34,926.77 Crores. He further submitted that the applicant is not suffering from any disease which is immediate danger to his life. Learned SPP, on instructions, undertakes that the respondent-CBI as well as the concerned jail authority shall provide the best treatment to the applicant in the best reputed government hospitals like All India Institute of Medical Sciences, Delhi.
17. Therefore, in view of the foregoing submissions, it is prayed that the instant bail application may be dismissed being devoid of merits.
18. Heard learned counsel for the parties and perused the record.
19. It is observed by this Court that the applicant herein is admittedly suffering from various ailments, details of which have been duly mentioned by the Senior Medical Officer & IC, Central Jail - 07, Dispensary, Tihar, New Delhi in the medical status report dated 9 th December, 2024 which is available on record.
20. This Court has perused the contents of the said medical status report and has taken into consideration the arguments advanced by both the parties. Taking the same into consideration, this Court is of the considered view that the applicant requires medical attention for his treatment.
21. Further, it is an admitted position of fact that certain medical This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2024 at 22:49:22 treatment/investigation procedure which is to be carried out and treated by the Endoscopy/Gastroenterology/Urology Department are not available at the D.D.U. Hospital for which the applicant was referred to a higher medical centre.
22. Therefore, keeping in view the contentions advanced by the learned counsel for the parties and the undertaking given by the learned SPP, on instructions, that the respondent-CBI as well as the concerned jail authority shall provide the best treatment to the applicant in the best reputed government hospital; the respondent-CBI as well as the concerned Jail Superintendent is directed to get the applicant treated in All India Institute of Medical Sciences, Delhi in terms of the medical status report filed by them with a direction to the Director, All India Institute of Medical Sciences, Delhi to provide appropriate treatment to the applicant herein on priority.
23. List on 16th January, 2025.
CRL.M.A. 37584/202424. The present application under Section 528 of the BNSS has been filed on behalf of the respondent seeking permission to place on record the written submissions.
25. Application is disposed of with a direction to the Registry to take on record the written submissions filed by the respondent.
CHANDRA DHARI SINGH, J DECEMBER 19, 2024 rt/ryp Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2024 at 22:49:22