On 22nd October 2022, the Supreme Court in a Division Bench comprising of Chief Justice Uday Umesh Lalit and Justice Bela M. Trivedi observed that the Court granting an Interim Bail on medical condition may have the benefit of examining the Inmate by a Medical Board consisting of four Medical Professionals. (Chander Prakash Wadhwa Vs. State (NCT Of Delhi) & Anr.)
Facts of the case:
The petitioner was arrested in two cases. The first was lodged by the Economic Offences Wing, Delhi and, the second has been lodged by the Directorate of Enforcement for the offences punishable under the provisions of the Prevention of Money Laundering Act, 2002. In the first case, because of his medical condition, the petitioner was granted the facility of interim bail for a while. During this period, the petitioner was arrested in connection with the second case and is in custody since then. An application for bail was moved in connection with the second case and via order dated 27.05.2022 it was rejected by the Trial Court. The prayer for relief of interim bail on medical condition in the first case was considered by the court vide order dated 30.03.2022. In that matter, the Report from the Medical Board consisting of at least four medical professionals from King George’s Medical University, Lucknow, was called for examining the Report and it was found that the medical condition of the petitioner was quite stable. In light of said Report, the request for interim bail was rejected by this Court. Relying on certain certificates including one given by the Senior Medical Officer, Central Jail No.11, Mandoli, New Delhi, prayer for bail on medical condition is now made.
Observations and Order of the Court:
The hon’ble court observed that “Since the Report, as stated above, was given well after the disposal of the bail application by the Trial Court in the matter concerning offences under the provisions of the Prevention of Money Laundering Act, 2002, we direct as under:
- The petitioner is entitled either to file fresh application for bail on the projected medical ground before the Trial Court or may raise the challenge to the Order dated 27.05.2022 on the grounds of merits as well as the projected medical condition of the petitioner.
- The matter so filed shall be considered purely on its own merits and if necessary, the concerned Court may have the benefit of examination of the petitioner by a Medical Board consisting of four medical professionals as was done by this Court on the earlier occasion.”
The present writ petition is disposed of.
Case: Chander Prakash Wadhwa Vs. State (NCT Of Delhi) & Anr.
Citation: Writ Petition (Criminal) Diary No.33350 Of 2022
Bench: Chief Justice Uday Umesh Lalit and Justice Bela M. Trivedi
Date: October 22, 2022
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