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Delhi High Court - Orders

Ramesh Chandra vs The Directorate Of Enforcement on 28 July, 2022

Author: Jasmeet Singh

Bench: Jasmeet Singh

                           $~10
                           *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                           +      BAIL APPLN. 1913/2022
                                  RAMESH CHANDRA                                      ..... Petitioner

                                                     Through:     Mr. Vishal Gosain, Mr. Anuroop
                                                                  Chakravarti, Mr. Pravir Singh, Advs.
                                                     Versus

                                  THE DIRECTORATE OF ENFORCEMENT                      ..... Respondent

                                                     Through:     Mr. Anupam S. Sharrma, Special
                                                                  counsel, Mr. Arun Khatri, SPP-ED
                                                                  with Mr. Prakarsh Airan, Ms.
                                                                  Harpreet Kalsi, Mr. C.P. Meena, AD-
                                                                  ED.
                                  CORAM:
                                  HON'BLE MR. JUSTICE JASMEET SINGH
                                                     ORDER

% 28.07.2022

1. This is an application seeking grant of bail to the petitioner in ECIR/04/DLZO-II/2018.

2. Mr. Gosai, learned counsel for the petitioner as of now restricts his prayer only to release of the applicant/petitioner on account of his health and medical grounds for a period of 8 weeks.

3. On 22.06.2022, while issuing notice, the respondent was directed to file a status report/response which was so done.

4. On the next date i.e. 06.07.2022, the jail authorities were directed to ensure that the petitioner be taken to All India Institute of Medical Sciences and Max Super Speciality Hospital for appropriate treatment.

5. The respondent was also directed to file an updated medical status report.

6. The updated medical status report has been filed and reads as under:

"In continuation of previous medical report submitted on 02/07/2022 it is further submitted that thereafter on 11/07/2022, inmate patient was seen by doctor on duty, wherein he provided complaint of known case of bronchial asthma with CAD, for which he was advised appropriate treatment accordingly.

Thereafter on 12/07/2022, as per Hon'ble High court order inmate patient was sent to Neurology & Cardiology department of AIIMS Hospital, wherein he advised to come on 13/07/2022 as per appointment date given.

Thereafter on 13/07/2022, inmate patient was sent to Neurology department of AIIMS Hospital, wherein he provided complaint of memory and falls with history of CAD F/stenting [2013) and sensitive to asprin, for which he was thoroughly examined and a diagnosis of major cognitive impairment versus pseudo-dementia was made. The treating Neurologist advised him some investigations, appropriate treatment. Psychiatrist opinion for Depression, cardiologist opinion for P/CAD status and to review with report accordingly.

On same day i.e. 13/07/2022, inmate patient was seen by Cardiology department of AIIMS Hospital, wherein he provided complaint of dyspnoea on exertion with CAD, CSA(CCS-11 2013), P/CART s/o LAD/RCA disease, P/PCI to LAD (abott vascular absorb X2 + POBA to D1), P/EER to RCA, for which he was thoroughly examined, advised appropriate treatment, some blood investigations and to review with report accordingly.

Thereafter on 15/07/2022, inmate patient was sent to department of Nuclear Medicine for stress-rest Tc99m MlBl gated myocardial perfusion SPECT test (No scan evidence of stress induced ischemia at the level of exercise achieved).

Thereafter on 18/07/2022, inmate patient was seen by cardiologist with above test report with complaint of weight loss, for which he was advised chest X-Ray, blood pressure Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:30.07.2022 15:46:11 charting and to continue same treatment.

Thereafter on 25/07/2022, inmate patient was again sent to cardiology department of AIIMS Hospital with reports of investigations, blood pressure charting and chest X-Ray but patient was not taken on time by DAP staff.

Further patient will be sent to AIIMS Hospital for review in Neurology on Wednesday (27/07/2022) and Cardiology on Friday (29/07/2022) for further management.

At present, as per available records, inmate patient is suffering from above mentioned diagnosis with complaint of weight loss with dyspnoea on exertion, on & off memory loss and falls, major cognitive impairment versus pseudo-dementia with Depression with known case of bronchial asthma, alleged history of CAD (Post PTCA since 6-7 years back) with above- mentioned MRI &MRA of brain findings and is under regular treatment from doctor on duty, jail visiting SR Medicine, SR Ortho, Cardiology and Neurology department at GB Pant & AIIMS Hospital. The general condition of inmate patient is stable. He is receiving all prescribed medications from Central jail No. 02, Dispensary itself."

7. It is submitted by Mr. Sharma, learned Special counsel appearing for the respondent that the petitioner is not suffering from any new disease but they are diseases which he had been suffering for a long time even while he was not in custody.

8. He further states that all necessary medication as well as medical assistance is being provided to the petitioner from the jail.

9. Lastly, he submits that the petitioner was part and parcel of tampering with evidence and he, if released on medical bail, will interfere with the investigation.

10. Per contra, Mr. Gosain, learned counsel for the petitioner states that the petitioner is 85 years old and is suffering from cognitive impairment, neurological and cardiological ailments and is in need of urgent need of Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:30.07.2022 15:46:11 medical attention. On account of medical condition, there may be a situations where urgent live saving medication, oxygen, injection is to be given to the petitioner which cannot be so done while he is in custody.

11. I have heard learned counsel for the parties and have also gone through the health status.

12. From the updated medical record, it is clear that the condition of the petitioner is quite serious. Even though, he may be suffering from various diseases which were troubling him earlier but the same, on account of age, have assumed larger proportions.

13. He is suffering from cognitive impairment and dementia. He is also in need of cardiological as well as neurological assistance has had numerous falls, weight loss, memory loss, etc.

14. On 25.07.2022, the petitioner was to go to cardiology department of All India Institute of Medical Sciences but could not reach there on time due to DAP (Delhi Armed Police) i.e. because he was in custody.

15. For the above reasons, I am of the view that the petitioner needs to be enlarged on medical bail for a period of 8 weeks. The petitioner will not use any mobile phone and will remain in his house except for medical treatment to go to the hospital and from the hospital will return back to his residence.

16. On every trip, to and from the hospital, the petitioner shall inform the Investigating Officer concerned before leaving and after returning back.

17. The petitioner shall furnish a personal bond to the tune of Rs. 25,000/- with a surety bond of the like amount to the satisfaction of the Trial Court.

18. The petitioner shall not communicate with, or come into contact with any of the prosecution witnesses, or any member of the victim's family, or tamper with the evidence of the case.

19. List on 02.12.2022.

JASMEET SINGH, J JULY 28, 2022/dm Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:30.07.2022 15:46:11