High Court of Delhi, in Amit Katyal Vs. Directorate of Enforcement, granted interim bail for a duration of six (6) weeks on medical grounds; due to complications arising from a recent bariatric surgery.

The matter has been filed seeking interim bail on medical grounds under Section 45 of the Prevention of Money Laundering Act, 2002 along with Section 439 of the Code of Criminal Procedure, 1973 by the Applicant/Accused. the High Court of Delhi issued its ruling on the bail application and granted Katyal interim bail for a duration of six (6) weeks, contingent upon fulfilling certain conditions. The court's decision was informed by the medical reports and arguments presented by both the petitioner and the Directorate of Enforcement (ED).

Katyal had undergone bariatric surgery on April 9, 2024, which led to the removal of 75% of the stomach requires to follow a strict diet plan which is critical for his recovery. The Medical Status Report from the Jail Superintendent indicated that Katyal experienced multiple episodes of vomiting, sometimes with blood streaks, along with pain in the abdomen and epigastric region. The report stressed the importance of adhering to a tolerable diet, crucial for the healing of the stomach. Katyal was examined at the Deen Dayal Upadhyay Hospital (DDU) on June 21, 2024, where medical professionals emphasized that strict adherence to the prescribed diet was essential for his recovery. The DDU medical opinion highlighted that Katyal's condition was unlikely to improve without the proper diet, reporting instances of fever, unstable blood glucose levels, and blood in his vomit.

ED's argued that the AIIMS Medical Board deemed Katyal's treatment manageable within the primary healthcare facility of the jail. However, the Hon'ble Court ascertained that the dietary needs of the applicant cannot be met within the jail premises and taking into consideration that the petitioner underwent surgery on April 9, 2024, requires a proper diet for at least 3 to 4 months post-bariatric Surgery to achieve adequate physical, mental, and psychological well-being, the necessary level of care, attention, minute-to-minute monitoring, and emergency response required by the Petitioner cannot be provided by the jail.

The Court relying on the position held in Pawan @ Tamater v. Ram Prakash Pandey observed that not every illness warrants bail for the accused unless it is shown that the illness requires treatment that cannot be adequately provided if the accused remains in custody further reliance has been placed on Sanjay Jain (JC) v. Enforcement Directorate and held that
"to be released on interim bail on medical grounds arises when specialized treatment becomes necessary and the same cannot be provided by the jail authorities. It would be apposite to refer to the relevant observations in the judgment that go as under:- “29. The power to grant bail on medical grounds under the first proviso to Section 45(1) of the Act is discretionary, therefore, the same has to be exercised in a judicious manner guided by principles of law after recording satisfaction that necessary circumstances exist warranting exercise of such a discretion.".

The court referring to Kewal Krishan Kumar v. Enforcement of Directorate, emphasized that the severity of the illness must be considered when granting bail. Thus, the Hon'ble Court concluded that the required dietary provisions for Katyal were not being met in the jail. They determined that the level of post-surgical care, attention, and potential emergency response necessary for his recovery was not feasible within the current jail environment. The court also considered the impracticality of providing daily home-cooked meals at the jail.

While considering the application the Court has also observed that although the complaint/chargesheet has been filed against the applicant accused, the investigation is still ongoing with respect to the co-accused, and further held that the petitioner was previously granted interim bail on medical grounds for about 84 days, and there is no evidence to suggest that he interfered with or influenced the investigation in any way.

Based on the medical reports, precedents, and the impracticality of meeting Katyal's dietary needs in jail, the court granted him interim bail for six weeks, starting from the date of his release.

Judgment pronounced on: 26 June 2024
CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA
BETWEEN: AMIT KATYAL v. DIRECTORATE OF ENFORCEMENT GOVERNMENT OF INDIA