Admitted to ICU, Jain gets six-week bail on medical grounds

The bench said it had “no reason to doubt” Jain’s May 4 health report from the G B Pant Institute of Post Graduate Medical Education and Research, New Delhi. The details of the report were not immediately known.

“We think it appropriate that the citizen is having a right to take treatment of his choice, at his own expenses, in a private hospital. Therefore, we deem it appropriate to release the petitioner on interim bail on medical grounds for a limited period of six weeks,” the bench ordered and fixed the matter for hearing next on July 10.

The court, however, imposed certain conditions on Jain for the bail period.

“The petitioner shall not influence and meet with any of the witnesses (in the ED case), which is scheduled in the witness list…he shall not leave the area of National Capital Region (NCR) without leave of the trial court…during the interim bail, all the relevant treatment papers and prognosis at such treatment shall be produced before this Court,” it said.

The bench also asked Jain to “refrain himself from appearing before print or electronic media or any social media platform to give any statement on any issue during the interim bail”.

Jain has been in Tihar Jail since May last year after the Enforcement Directorate arrested on money laundering charges.

His counsel, senior advocate A M Singhvi told the court on Friday that the former minister was suffering from spinal problems besides muscular atrophy and his weight had dropped by 33 kg. He told the court that he was not touching on the merits of the ED case against Jain but only seeking bail for him on medical grounds.

Appearing for the ED, Additional Solicitor General S V Raju opposed the bail to Jain saying he should first be evaluated by a medical team of AIIMS. He told the court he has doubts about the Lok Nayak Hospital, where Jain is admitted, and that there are observations that records could be fudged there.

“Let him be evaluated by an independent medical body in AIIMS. If that is done, let that report come, then it can be considered…,” Raju said, adding Jain was a minister for health, jails and “we have serious apprehensions” about the medical reports of the Delhi government-run hospitals.

Raju also told the court that Jain had earlier too sought bail on medical grounds but withdrew it when the ED suggested he be inspected by a panel of doctors at AIIMS. He said the health condition of the former minister, who belongs to the Jain community, was not new and that he had lost weight due to his continuous fasting in jail.

Stating that it was inclined to consider the grant of interim bail to Jain, the court said it will consider his evaluation by an independent medical team after it receives the other medical reports of his treatment.