[Excise Policy Scam] Delhi High Court grants bail to P. Sarath Chandra Reddy on medical grounds in PMLA Case
On perusal of Reddy’s medical records, the court observed that Reddy is in a bad state and can be put into the category of “sick/infirm”. Accordingly, the court granted him regular bail on medical grounds.
The Delhi High Court on Monday granted bail to Aurobindo Pharma director P. Sarath Chandra Reddy, an accused in a money laundering case registered by the Enforcement Directorate (ED) in connection with the Delhi excise policy scam.
On perusal of Reddy’s medical records, the bench of Justice Dinesh Kumar Sharma observed that he is in a bad state and can be put into the category of “sick/infirm”.
“Though jails and designated hospitals provide good basic treatment, but we cannot expect them to provide specialized treatment and monitoring as required in the present case. The last medical report of the petitioner dated 03.05.2023 shows that the petitioner is in a bad state and can be put into the category of sick/infirm”, Justice Sharma said.
While noting that the petitioner is not at flight risk, the court said, “It is also a settled proposition that right to life is a facet of Fundamental Right enshrined by the Constitution. The right to live with dignity includes the right to live a healthy life. The person who is sick or infirm has a right to have adequate and effective treatment”.
Additional Solicitor General (ASG) SV Raju for ED contended that the law regarding admitting the accused on bail on the grounds of being sick or infirm is well settled and if the court is satisfied with the medical record which has duly been verified, an appropriate order may be passed. He also submitted that Reddy during the period of interim bail has not influenced any witness or tampered with any evidence.
While granting the bail, court took note of the medical records including a discharge summary from Deen Dayal Upadhyay Hospital, where Reddy was admitted from February 24-27 wherein he was diagnosed with “Bilateral Lower Limb Radiculopathy”.
It also took note of the fact that while Reddy was on interim bail he was examined at Apollo Hospital on May 2 and was advised “absolute bed rest for four days” as well as “physiotherapy lumbar region” and a follow-up on May 10.
The single-judge bench granted regular bail on medical conditions to Reddy on furnishing a personal bond of Rs. 1,00,000 with two sureties of like amount, subject to certain conditions.
The court made it clear that the present order has been passed in view of the medical condition of the petitioner and therefore, shall not be taken as a precedent.
Furthermore, the court clarified, “This court has not gone into the merits of the case and no expression made herein shall tantamount to be an expression on the merits of the case”.
Case Title: P. Sarath Chandra Reddy v. Directorate of Enforcement