The Delhi High Court on Monday granted six weeks’ interim bail to businessman Sameer Mahendru in a money-laundering case pertaining to excise policy, observing that he was suffering from diseases requiring immediate medical attention and post-operative care.
Directing that the accused be released from jail immediately, Justice Chandra Dhari Singh said that health condition of a human being deserves utmost importance and right to health is one of the most significant dimensions of Article 21 of the Constitution.
Every person has a right to get himself adequately and effectively treated, the court said.
“The fact that the petitioner is unable to sit, bend forward, and not even able to lift any weight suggests the infirmity on the part of the petitioner to carry out day-to-day routine activities and non-following the advice and the specialised treatment may lead to neurological damage to the petitioner,” it added.
“Medical condition of the petitioner, coupled with the unblemished conduct and the grant of regular bail to the co-accused are reasons that are sufficient enough for this Court to grant interim bail to the petitioner for receiving specialised treatment,” it said.
However, Justice Singh imposed certain conditions such as the accused to not leave the limits of the hospital and his house and also the country. After the expiry of the interim bail period, he shall surrender before the trial court before or at 5 p.m. on July 25.
“The petitioner (Mahendru) is admitted to interim bail for a period of six weeks on his furnishing a personal bond in the sum of Rs 10,00,000 (Rs 10 lakhs) with two sureties of the like amount to the satisfaction of the trial court concerned,” the court ordered.
It was noted by the court that there is nothing against Mahendru on record showing that he misused previous interim bails granted and was also not found to be an absconder.
The Enforcement Directorate (ED) opposed it saying that Mahendru’s condition was found to be stable and that his pain had decreased significantly and was thus not entitled to be enlarged on medical bail.
Earlier, the ED had alleged that Mahendru is the kingpin and the focal point around which the entire criminal conspiracy developed and he was essential to the cartel’s establishment and ensuring the repayment of the kickback amounts.
Mahendru has been charge sheeted by Central Bureau of Investigation, too.
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