MR. AMANDEEP SINGH DHALL vs DIRECTORATE OF ENFORCEMENT
$~1 & 4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 16.10.2023
+ BAIL APPLN. 2229/2023
AMANDEEP SINGH DHALL ….. Petitioner
Through: Mr. Tanveer Ahmed Mir, Mr. Vaibhav Suri, Mr. Vedant Verma and Mr. Shashwat Sarin, Advocates
versus
CENTRAL BUREAU OF INVESTIGATION ….. Respondent
Through:
(4)
+ BAIL APPLN. 2093/2023
MR. AMANDEEP SINGH DHALL ….. Petitioner
Through: Mr. Tanveer Ahmed Mir, Mr. Vaibhav Suri, Mr. Vedanat Verma, Mr. Shashwat Sarin, Mr. Sanjeev N., Ms. Seema, Advocates
versus
DIRECTORATE OF ENFORCEMENT ….. Respondent
Through: Mr. S.V. Raju, ASG with Mr. Zoheb Hossain, Special counsel, Mr. Vivek Gurnani, Mr. Kartik Sabharwal and Ms. Manisha Dubey, Advocates
CORAM:
HON’BLE MS. JUSTICE SWARANA KANTA SHARMA
JUDGMENT
SWARANA KANTA SHARMA, J.(ORAL)
CRL.M.A. 26021/2023 in BAIL APPLN. 2229/2023
CRL.M.A. 26020/2023 in BAIL APPLN. 2093/2023
1. By way of these applications i.e. CRL.M.A. 26021/2023 in BAIL APPLN. 2229/2023 and CRL.M.A. 26020/2023 in BAIL APPLN. 2093/2023, the accused/applicant seeks ad-interim directions and modification of order dated 19.09.2023 respectively and prays that applicant be transferred to a private hospital for being provided appropriate and effective medical tests and treatment until the applicant is reasonably and fully recovered from his ailments.
2. Learned counsel for applicant states that vide order dated 19.09.2023, this Court had directed that the petitioner be admitted to Institute of Liver and Biliary Sciences for a period of two weeks. However, it is stated that Institute of Liver and Biliary Sciences does not have doctors, equipment for medical examination or required expertise concerning ailments such as dermatology, neurology, ENT, orthopaedics. Therefore, it is stated that in view of the advice of the doctor concerned under whom the present applicant is undergoing treatment, the applicant be shifted to Indian Spinal Injuries Centre at Vasant Kunj, Delhi.
3. Learned counsels appearing on behalf of respondents submit that this Court may pass appropriate orders in view of the fact that the applicant is not seeking interim bail but only treatment at a particular hospital under custody. However, it is stated that appropriate conditions be imposed if this Court is inclined to allow the prayer of applicant.
4. The arguments addressed by both the parties have been heard and considered, and the case file including the previous orders qua the applicant has been perused.
5. This Court has gone through the documents placed on record as well a the order dated 19.09.2023 of this Court vide which, the applicant was earlier permitted to be admitted for specialised treatment in ILBS hospital vide detailed order and after considering the medical history of the applicant, the advice of the doctor concerned i.e. Dr. Manish Tandon and the requirement for his further treatment, this Court is inclined to allow the request of applicant of being admitted to Indian Spinal Injuries Centre at Vasant Kunj, Delhi for medical treatment on the following conditions:
a) The applicant be admitted to Indian Spinal Injuries Centre at Vasant Kunj, Delhi for a period of three weeks within two days from today. However, the applicant shall continue to be in the custody of Superintendent of Jail concerned, and the Jail Superintendent concerned shall ensure that appropriate and adequate security is provided/deputed in the hospital since the accused will continue to remain in judicial custody though under treatment in the hospital.
b) The Jail Superintendent concerned shall make arrangement to shift the applicant in an ambulance to the said Hospital.
c) The Medical Superintendent of Indian Spinal Injuries Centre, Vasant Kunj will constitute a medical board which will furnish a weekly report to this Court regarding the medical status of the accused and the need to continue treatment or hospitalization and also provide a copy of the same to the Enforcement Directorate and Central Bureau of Investigation.
d) It is also ordered that the entire expenses of medical treatment, hospitalization, security, and other incidental expenses incurred on the treatment shall be borne by the applicant.
e) During hospitalisation, the wife and children of the applicant are permitted to meet him between 11 AM to 12 PM and between 4 PM to 5 PM subject to the meeting hours and applicable rules of the hospital. The mother of the applicant Smt. Simrit Dhall will be permitted to meet the applicant daily during the prescribed meeting hours of the hospital. The sisters of applicant i.e. Smt. Simer Dhall and Smt. Komal Singh Dhall will be permitted to meet the applicant on alternative days during the meeting hours of the hospital.
f) The concerned Superintendent Jail shall ensure that the meeting schedule so mentioned above will be strictly adhered to.
g) The applicant shall not be allowed to use phone.
h) The family members of applicant may provide him home-cooked food, if so allowed by the doctor concerned.
i) The family members of the applicant shall not be allowed to carry phone with them, while meeting the applicant.
j) The learned counsel for the applicant will be allowed legal interview with the applicant, as per jail manual and rules.
6. Accordingly, these applications stand disposed of in above terms and subject to above conditions.
7. The copy of this order be forwarded to the concerned Jail Superintendent for information and compliance.
8. The judgment be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J
OCTOBER 16, 2023/dk
BAIL APPLN. 2229/2023 & connected matter Page 4 of 5