Aurobindo Pharma director gets bail on medical grounds
Aurobindo Pharma director granted bail by HC on account of being "sick/infirm"
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Appearing for Reddy, senior advocate Vikas Pahwa argued that though initially bail had been sought on merits, however, in the interregnum, the health condition of his client had deteriorated and the medical record submitted shows that he is "sick and infirm". (Express Photo) Aurobindo Pharma director P Sarath Chandra Reddy, who was accused in the Enforcement Directorate’s money laundering probe into the Delhi excise policy, was granted bail by the Delhi High Court Monday on account of his medical condition.
A single-judge bench of Justice Dinesh Kumar Sharma after perusing Reddy’s medical records, in its order, said, “It is pertinent to mention that the respondent department has also not brought any material on record to show that the petitioner is a flight risk. It is also a settled proposition that the right to life is a facet of fundamental rights enshrined by the Constitution. The right to live with dignity includes the right to live a healthy life. The person who is sick or infirm has a right to have adequate and effective treatment. Though jails and designated hospitals provide good basic treatment, we cannot expect them to provide specialised treatment and monitoring as required in the present case. The last medical report of the petitioner dated 03.05.2023 shows that the petitioner is in a bad state and can be put into the category of sick/infirm.”
The HC admitted Reddy to bail, subject to him furnishing a personal bond of Rs 1 lakh, two sureties of the like amount along with certain other conditions. These include that Reddy shall surrender his passport and shall not travel without prior permission of the trial court.
The HC observed, “This court makes it clear that this order has been passed in view of the medical condition of the petitioner and therefore shall not be taken as a precedent. It is also made clear that this court has not gone into the merits of the case and no expression made herein shall tantamount to be an expression on the merits of the case.”
Appearing for Reddy, senior advocate Vikas Pahwa argued that though initially bail had been sought on merits, however, in the interregnum, the health condition of his client had deteriorated and the medical record submitted shows that he is “sick and infirm”.
Pahwa said that while there is no specific averment on granting bail on medical grounds in the regular bail plea, he said that the HC “may entertain the request for enlarging the petitioner on bail on medical grounds in view of his health condition”.
The ED, represented by additional solicitor general SV Raju, confirmed that a copy of the additional affidavit filed by Reddy indicating his medical condition had been supplied to the agency which had been “verified and found to be genuine”. He further said that the law on admitting an accused on bail on account of being sick or infirm is well settled and if the HC is satisfied an appropriate order may be passed. The ASG also said Reddy during the interim bail period had “not influenced any witness or tampered with any evidence”.
An additional affidavit regarding Reddy’s medical condition was filed containing medical records including a discharge summary from Deen Dayal Upadhyay Hospital, where Reddy was admitted between February 24-27 wherein he was diagnosed with “Bilateral Lower Limb Radiculopathy”.
The order records that while Reddy was on interim bail he was examined at Apollo Hospital on May 2 and was advised “absolute bed rest for four days” as well as “physiotherapy lumbar region” and a follow-up on May 10.
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