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Synopsis

The Delhi High Court directed the ex-director of Unitech Group Ramesh Chandra to surrender before the jail authorities by March 16, 2024, while dismissing his plea to extend interim bail.

The court had instructed the medical board of AIIMS to furnish a report evaluating whether the treatment for Chandra could be administered in jail. The report indicated that while he displayed indications of cognitive decline and a susceptibility to falls, treatment within the confines of the jail, coupled with fall-related monitoring, was deemed viable.

The bench of Justice Anoop Kumar Mendiratta held, “In view of medical opinion, Chandra cannot claim bail as a matter of right for treatment only at a specialized hospital of his choice”.

Chandra lodged two applications under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), seeking an extension of interim bail granted on medical grounds and permission to provide additional medical documents and facts. Initially granted on July 28, 2022, due to Chandra's stagnant medical condition, which hasn't shown improvement since then, the bail is deemed necessary for Chandra, who is over 85 years old and requires continuous medical monitoring and treatment not feasible available in jail, his counsel submitted. A Medical Board from AIIMS, as per court orders, also confirmed the dire state of Chandra's health.

Advocate Vishal Gosain, representing Ramesh Chandra, underscored the critical need for ongoing medical attention, noting that Chandra has complied with bail conditions, primarily staying confined to home except for court appearances. However, Special Counsel Zoheb Hossain, representing the ED, argued against bail, referencing a report from the AIIMS Medical Board, suggesting that although Chandra exhibits signs of cognitive decline and a risk of falls, treatment in jail with fall-related monitoring is feasible.

The case pertains to the Enforcement Directorate's (ED) arrest of Unitech Ex-director Ramesh Chandra, his daughter-in-law Preeti Chandra, and a company executive in a money-laundering investigation. The arrests were made under the Prevention of Money Laundering Act (PMLA) concerning Ramesh Chandra's sons, Sanjay Chandra and Ajay Chandra, accused of embezzling homebuyers' funds. Preeti Chandra is the wife of imprisoned Unitech promoter Sanjay Chandra. Allegations suggest the Chandras illegally funneled over Rs 2,000 crore to foreign accounts. The ED conducted raids and seized properties worth Rs 672.52 crore.

The court noted the serious offences involving diversion of funds, amounting to Rs. 5,826 crore, perpetrated by Chandra, a former Director of Unitech Limited, leaving deceived homebuyers homeless. It stressed that while bail is subject to strict PMLA provisions, medical grounds may warrant consideration under specific conditions, with the illness posing a grave, life-threatening condition necessitating specialized treatment beyond jail facilities. Each case is assessed individually based on medical reports and the accused's condition, court stressed.

Court highlighted Chandra's ongoing interim bail since July 28, 2022, extended periodically for over a year and a half, necessitating a determination of whether treatment is feasible in custody.

Court ordered the Superintendent of Jail to promptly refer Chandra to G.B. Pant Hospital or another specialized government hospital if his medical condition worsens, ensuring necessary treatment as per jail rules. Additionally, steps should be taken for proper medication due to declining cognitive facilities, as advised by medical professionals, the court said. It further directed that Chandra must undergo regular evaluation for medical treatment continuity, at least twice a week.

Accordingly, court listed the matter for regular bail on April 15, 2024.

Case Title: Ramesh Chandra v The Directorate Of Enforcement