HC grants interim bail to accused charged under Prevention of Corruption Act on medical grounds

  

On 3^rd July, a bench of Delhi High Court consisting of Justice C. Hari Shankar granted interim bail on serious medical grounds to Ashok Kumar Mishra who was charged under Section 13(2) read with Section 13(1)(a) of the Prevention of Corruption Act, 1947 and Section 409 read with Section 120-B of the Indian Penal Code. The court at the outset specifically mentioned that the bail was granted “solely in order to enable him to be examined and treated, for a period of 14 days from the date of his release.”

Facts of the case:

The present bail application was moved by the applicant, who is in custody on the allegation of having committed offences under Section 13(2) read with Section 13(1)(a) of the Prevention of Corruption Act, 1947 and Section 409 read with Section 120-B of the Indian Penal Code and has applied for interim bail on medical grounds. As per the reports of the medical officer the condition of the applicant, as reflected in the said medical report, appeared to be considered serious. Further, the applicant was also stated to have had a cardiac attack as recently as 10th June 2021.

Contention of the Applicant:

Mr. N. Hariharan, learned Senior Counsel for the applicant, submitted the following:

 

1. It was contended that the present application is being filed, not as a means to escape from the confines of the jail, but only because serious concerns arise from the medical reports and in order to avoid any exacerbation of the applicant’s condition or any possible cardiac arrest.
2. Mr. Hariharan also submitted that he is only at present seeking interim bail for two weeks, whereafter he undertakes to return to custody.
3. It was argued that a co-accused in the same office was also extended interim bail on medical grounds by the learned trial court on 16th April 2021, initially for a period of 30 days, and continues to remain outside the jail.

The contention of the Respondent:

Mr. Nitesh Rana, learned SPP for the respondent, submitted that, in the second report dated 30th June, 2021, the jail authorities have not expressed any inability to extend medical treatment to the applicant.

Observation and Judgement of the court:

 

The Hon’ble bench of the court observed the following:

1. It is not possible for this Court to entirely ignore the medical report dated 24th June, 2021. Both the medical reports, seen in conjunction, reveal that the medical condition of the applicant is not satisfactory.
2. It was further stated that nor can the court shut its eyes to the helplessness expressed by the jail authorities in the medical report dated 24th June 2021 in extending requisite therapeutic assistance to the applicant.

In the light of the above, the court found it appropriate to grant interim bail to the applicant, solely in order to enable him to be examined and treated, for a period of 14 days from the date of his release, on furnishing of a personal bond of ₹ 2,00,000/ - with one surety of like amount to the satisfaction of the Jail Superintendent.

Read Judgment ;

   

 

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(With input from news agency language)

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