New Delhi, Oct 20 The Delhi High Court has denied regular bail to businessman Sameer Mahendru, accused in a money laundering case pertaining to the now-scrapped excise policy scam.
Justice Swarana Kanta Sharma observed that Mahendru's medical condition does not pose a life-threatening risk or involve an infirmity that cannot be treated within the confines of a jail.
The court noted that Mahendru is already receiving adequate medical attention, and prison authorities have permitted him to seek treatment from his doctor on an out-patient basis as needed.
It ruled that there were no compelling grounds to grant regular bail to Mahendru in the current case. However, it clarified that the prison authorities must ensure that Mahendru is taken for follow-up medical and physiotherapy sessions at VNA Hospital and that he is not left unattended in the jail cell or dispensary.
Justice Sharma stressed on the importance of an individual's right to liberty, acknowledging it as a precious right but also noted that when justifiable grounds exist, it must be surrendered in favor of the State.
The court underlined the obligation to provide health services and care equivalent to what is available to the general citizenry outside of detention.
Stressing on the need for impartiality and objectivity, the court said that decisions in such cases should be based on the merits of the case and established legal principles, rather than the economic status of the litigants.
Addressing the allegations against the accused, the court noted that he was accused of being a key player in the formulation of the excise policy and one of the main conspirators.
While acknowledging his fundamental right to healthcare and medical treatment, the court said that this right cannot overshadow the imperative to conduct a fair investigation and ensure due legal processes are followed.
The court noted that Mahendru had undergone approximately five surgeries in the past. However, as of the current date, he is recovering in jail, and according to AIIMS reports, he is required to follow medical and rehabilitation protocols, supplemented by regular exercise and physiotherapy.
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