The Delhi High Court listed the matter to 16.05.2024 for submission of medical records for the extension of interim bail extension to the accused under the Prevention of Money Laundering Act, 2002( PMLA ) offence considering chronic illness of accused.
Hari Om Rai, the applicant filed under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) read with Section 45 of Prevention of Money Laundering Act, 2002 (‘PMLA’), seeking an extension of interim medical bail granted to him vide order dated 16.02.2024 by the Court.
Counsel appearing on behalf of the petitioner submitted that after the grant of interim bail by the Court, the petitioner had undergone various diagnostic tests including a coronary angiogram which was conducted on 05.03.2024. It was further stated that the petitioner was also examined at AIIMS, New Delhi on 08.05.2024.
As per the report, it was stated that Left Ventricle (LV) as well as Left Atrium (LA) of the petitioner’s heart are enlarged, Left Anterior Descending Artery (LAD) is 100% blocked, LV Ejection Fraction (LVEF) i.e. ability of LV to pump oxygen rich blood to the rest of the body has fallen between 2530% which signifies possible Heart Failure, and LV shows signs of Regional Wall Motion Abnormalities (RWMA) which reflect that the petitioner had suffered an Anterior Wall Myocardial Infraction (AWMI – heart attack) a few months ago (while in custody).
It was further submitted that the petitioner has been advised to plan for a CABG i.e. Bypass surgery after examination and assessment. Therefore, it is prayed that the present application be allowed.
Counsel appearing on behalf of the respondent/ Directorate of Enforcement submitted that the medical documents filed by the petitioner have been verified and are correct. It was further stated that the Court may pass any order it deems appropriate in light of the petition and the documents filed on record.
The petitioner has been directed to surrender on the expiry of period of medical bail granted to him, with the condition that in case of any further medical exigency, the Directorate of Enforcement may get him medically examined by the doctors at AIIMS.
Though the Directorate of Enforcement stated that they have verified the documents and the report of the concerned doctor from AIIMS and the verification report has been filed along with the reply, the report reveals that the petitioner had to be examined again by the concerned doctor at AIIMS on 13.05.2024.
The record revealed that the petitioner is suffering from chronic total occlusion of the vessel and the Left Anterior Descending Artery (LAD) is 100% blocked, and further that LV Ejection Fraction (LVEF) and he has been advised to plan for Coronary Artery Bypass Graft, etc. for which the petitioner prays that he needs to be admitted in the hospital and constant coronary medical care and attention is required.
“Since the petitioner has pleaded medical exigency of his heart condition, the report will be handed over to the concerned officer of Directorate of Enforcement by the doctor concerned, which will be placed before this Court on 16.05.2024 by 3:00 PM since the medical bail is expiring tomorrow” Justice Swarana Kanta Sharma held.
The Court granted liberty to the petitioner to place on record the other medical documents pertaining to medical exigency before the Court on 16.05.2024 at 3:00 PM. The Court listed the matter on 16.05.2024 at 3:00 PM.
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