Bail on medical grounds should not be an option only when a person is breathing his last: Delhi High Court

The court was also informed that Agrawal was diagnosed with PIVD (prolapsed intervertebral disk) and LCS (lumbar canal stenosis). It was submitted by Agrawal’s counsels that due to herniated discs and degenerative disease, he had developed nerve compression resulting in immense pain and stiffness of limbs. The court was also informed that Agarwal was hospitalised in September 2021, way before he was arrested. He was under constant medical supervision and was able to walk “only a few steps without any support”, the counsels informed.

The high court observed, “Howsoever serious the offence may be, the health condition of a human being is paramount. The custody during the period of investigation cannot be termed to be punitive in nature. The health concern of a person in custody has to be taken care of by the State and keenly watched by the judiciary. Every person has a right to get himself adequately and effectively medically treated”.

With respect to the right to life of a person in custody, the court held that Article 21 of the Constitution guarantees the “right to live a healthy life”. It reiterated the view that if sufficient treatment is available in jail then the same should be provided to the prisoners. The court, however, emphasised that a “person in custody suffering from serious ailment should be given an opportunity to have adequate and effective medical treatment”. The court held that its discretion for granting the interim bail on medical grounds “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 observed that the ailments that the accused was suffering from are “really very painful and needs immediate redressal”. It thereafter granted interim bail to Agrawal till February 10, 2023, without going into the merits of the case curtailing itself on the limited point wherein the accused had sought a neurology examination to be conducted.

During the hearings, the court was informed that while jail authorities took the accused for examination, till date no neurosurgery evaluation had been conducted. It was submitted that the accused was supposed to be taken for a medical examination last month, however, the same was cancelled. He was then taken for a neurosurgery evaluation however the same was not conducted as there was no MRI report and the next date given for his MRI was in December 2023. Agrawal sought interim bail so that his neurology medical examination can be conducted. The court, therefore, directed the authorities to ensure that long dates are not given for the medical examination of prisoners.

The ED, on the other hand, argued that the accused had not placed any material on record to demonstrate any change of circumstances or demonstrate a worsening medical condition. It was submitted that as per the strict mandatory twin conditions under Section 45 of the Prevention of Money Laundering Act (PMLA), the accused should not be granted interim bail unless the HC is satisfied that there are reasonable grounds for believing that he is not guilty of money laundering and that he is not likely to commit any offence while on bail.