Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION (CRIMINAL) DIARY NO.33350 OF 2022
CHANDER PRAKASH WADHWA Petitioner(s)
VERSUS
STATE (NCT OF DELHI) & ANR. Respondent(s)
O R D E R
The petitioner is arrested in two cases. The first was
lodged by the Economic Offences Wing, Delhi and, the second
has been lodged by the Directorate of Enforcement for the
offences punishable under the provisions of the Prevention of
Money Laundering Act, 2002.
In the first case, because of his medical condition, the
petitioner was granted the facility of interim bail for a
while. During the period of said interim bail, the petitioner
was arrested in connection with the second case by the
Directorate of Enforcement and has since then been in custody.
The application for bail was moved in connection with the
second case and as the Order dated 27.05.2022 annexed as
Annexure P-16 shows, the prayer for bail was rejected by the
Trial Court.
We have been apprised that no further challenge in that
Signature Not Verified
Digitally signed by
BABITA PANDEY
Date: 2022.10.22
17:50:52 IST
Reason:
behalf has been raised by the petitioner.
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At an earlier point in time, this Court had the occasion
to consider the prayer for relief of interim bail on medical
condition and the matter was dealt with by this Court vide
order dated 30.03.2022. In that matter, the Report from the
Medical Board consisting of at least four medical
professionals from King George’s Medical University, Lucknow,
was called for by this Court and after examining the Report,
it was found that the medical condition of the petitioner was
quite stable. In light of said Report, the request for
interim bail was rejected by this Court.
Relying on certain certificates including one given by
the Senior Medical Officer, Central Jail No.11, Mandoli, New
Delhi, prayer for bail on medical condition is now made.
Paragraphs 5 and 6 of said Report state as under:
“5. The medical records related to heart of the inmate
reflected about 80 percent blockage in one left artery
and 90 percentage blockage in another artery along with
50 percent blockage in third artery. He has history of
high BP and high Cholesterol for which he is taking
medication since long time. Cardiology department of
King George Medical College advise for angiography
(cardiac intervention) on 18.09.2021 but not be done.
He has problem of difficulty in breathing and chest
pain while walking so he was sent to RML Hospital and
examined by cardiologist and advised routine blood
investigations, ECHO and angiography. His blood
investigations has been done but report is awaited.
They also advised medication that provided to him from
jail dispensary. He has also family history of heart
disease so proper treatment and investigation require
in time to prevent any heart attack. At present his
problem is not improving.
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6. The medical report of inmate says that he is also
suffering from trigeminal neuralgia. Neurologist of
Ganga Ram Hospital treated to him and later on King
George Medical College and advised to avoid heat and
directed air flow over face. His MRI report showed a
small vascular loop present in relation to cisterna
segment of fifth cranial nerve. On dated 03.10.2022, he
was sent to RML Hospital in neurology department.
Neurologist examined to him and advised to medications
(Carbarnazepine and Pregalin-NT) in increased dose as
compared to previous dose. But pain in over face is
still persisted. That also advised to cure dental
issue, which are triggering it and take precautions
from exposures of direct air/cold/heat. He needs to
walk with same precautionary due to frequent
neurological pain attack.”
Since the Report, as stated above, was given well after
the disposal of the bail application by the Trial Court in the
matter concerning offences under the provisions of the
Prevention of Money Laundering Act, 2002, we direct as under:
a. The petitioner is entitled either to file fresh
application for bail on the projected medical
ground before the Trial Court or may raise the
challenge to the Order dated 27.05.2022 on the
grounds of merits as well as the projected
medical condition of the petitioner.
b. The matter so filed shall be considered purely on
its own merits and if necessary, the concerned
Court may have the benefit of examination of the
petitioner by a Medical Board consisting of four
medical professionals as was done by this Court
on the earlier occasion.
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With these observations, the instant writ petition is
disposed of.
..........................CJI.
(Uday Umesh Lalit)
.............................J.
(Bela M. Trivedi)
New Delhi,
October 22, 2022