Discretion for granting medical bail not to be exercised only when person is breathing his last: Delhi High Court

The Delhi High Court recently observed that the discretion for granting bail on medical grounds may not be exercised only at the stage when the person is breathing his last. [Vijay Agrawal Through Parokar v. Directorate of Enforcement]..Justice Dinesh Kumar Sharma observed that Article 21 of the Constitution not only provides a fundamental right to live, but also the right to live with dignity and the right to live a healthy life. In this light, accused should be given an opportunity to have adequate and effective medical treatment.“This Court firmly believes that a person in custody suffering from serious ailment should be given an opportunity to have adequate and effective medical treatment. The 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 in the position that he may not survive,” the Court said..The observations in an order granting bail to one Vijay Agrawal who has been charged with the offence of money laundering by the Enforcement Directorate (ED).The Court was told that 59-year-old Agrawal was diagnosed with Prolapsed Intervertebral Disk and Lumbar Canal Stenosis. It was also argued that because of herniated discs and degenerative disease, the petitioner had nerve compression resulting in immense pain and stiffness of limbs.Agrawal’s lawyers also stated that on July 14, the petitioner had a sudden fall in the hospital, began frothing from the mouth and was not able to walk properly, after which he was taken to the emergency ward of Deen Dayal Upadhyay (DDU Hospital). The Court was also informed that while the jail authorities took him for further examination, no Magnetic Resonance Imaging (MRI) or neurosurgery evaluation had been conducted..However, the ED opposed the bail plea, stating that there is hardly any change of circumstances which may necessitate grant of interim bail on medical grounds and that the petitioner is not suffering from any serious ailment..After considering the arguments, the Court said,"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.”The judge added though the allegations against the petitioner are serious, they will be examined in light of the twin conditions provided in Section 45 of the Prevention of Money Laundering Act (PMLA) at the time of grant of regular bail.The Court, therefore, granted interim bail to Agrawal, subject to certain conditions..Senior Advocates Sidharth Luthra and Siddharth Aggarwal, along with Advocates Arjun Dewan, Shahryar Khan, Akash Arora, Arshiya Ghose, Subhangi Jain, Aditya Raju and Sheezan Hashmi appeared for Agrawal.ED was represented through its special counsel Zoheb Hossain and Advocate Vivek Gurnani. .[Read Order]