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% 06.09.2022 CRL.M.A. 17447/2022(for early hearing and release of the applicant on interim bail for a period of eight weeks)

1. The instant application for interim bail is the second one that has been moved during the pendency of the regular bail application No.1762/2022 moved by the applicant/accused in ECIR/05/HIU/2018 registered under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 as amended, („PMLA‟ for short).

3. The learned senior counsel for the applicant submitted that if the applicant was not allowed consultation with his previous doctor, his condition may soon deteriorate and it could be life threatening. He, however, conceded that as far as the Status Report is concerned, the condition of the applicant was reported to be stable. But he also underlined that the jail authorities of their own could not treat the applicant and they had to go outside the jail to GB Pant Hospital and Safdarjung/RML hospitals to provide treatment to the applicant. Therefore, his application for interim bail be allowed.

5. It was urged that in the present case, the applicant has not pointed out to any aspect of the treatment which was not satisfactory and, therefore, no ground was made out to release him on interim bail. It was submitted that in respect of the regular bail application the applicant had to meet the twin conditions prescribed under Section 45 of the PMLA Act. It was also submitted that those very considerations were also relevant while dealing with an interim bail application. Hence, it was prayed that the application be dismissed.

6. This court has considered the submissions made by learned counsel and has also considered the Medical Report and the cited judgments. The Supreme Court in State of UP(supra) was dealing with an appeal against an order passed by the Allahabad High Court, Lucknow Bench granting interim bail to an accused on medical grounds for a period of two months while directing the listing of the regular bail application for hearing. Here too the regular bail application has been listed for hearing on 26th September, 2022 in which bail has been sought on the merits of the case along with the interim bail application moved on grounds of ill health. This application as noted above is the second one pleading medical grounds. The decision of the Supreme Court has a direct bearing to this case.