New Delhi, Sep 8 The Delhi High Court has granted Director of Buddy Retail Pvt. Ltd. Amit Arora, an accused in the excise policy case, permission to be admitted to the hospital for post-operative care as he underwent Laparoscopic Sleeve Gastrectomy.
A bench of Justice Dinesh Kumar Sharma noted that the jail might not have the necessary infrastructure to provide the care needed for Arora's medical condition.
Senior Advocate Vikas Pahwa for Arora argued that he had been discharged from the Fortis Memorial Research Institute on August 31 following his surgery, and that he be granted interim bail for a period of three months, considering his various medical conditions.
However, Special Counsel of the Directorate of Enforcement (ED), Zohaib Hossain, contended that Arora had spent about 164 days out of jail, which included the interim bail and hospitalisation.
The surgery in question was also elective, he said.
In response, the bench acknowledged that every person suffering from a medical ailment is entitled to effective and appropriate medical treatment, and that while ensuring medical care, the prosecution must ensure that interim bail does not become a way to circumvent the legal provisions, especially Section 45 in the present case.
The bench stressed the importance of adhering to the golden principle of criminal jurisprudence that detention during the period of investigation and trial should not be a punitive measure.
It affirmed that individuals who are ill should receive appropriate medical treatment, enabling them to face trial in accordance with the law.
Considering these factors, the court directed Arora to be admitted to RML Hospital. However, it said that Arora would remain in the custody of the Superintendent Jail at RML Hospital, with appropriate security guards deployed for his supervision.
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