Providing home cooked food on everyday basis is fraught with technical hurdles at jail: Delhi HC grants interim bail to land-for-jobs scam accused Amit Katyal on medical grounds
Justice Dharmesh Sharma [26-06-2024]

Read Order: AMIT KATYAL v. DIRECTORATE OF ENFORCEMENT GOVERNMENT OF INDIA [DEL HC- BAIL APPLN. 2024/2024]

LE Correspondent

New Delhi, June 28, 2024: Considering the fact that the land-for-jobs scam accused Amit Katyal had undergone bariatric surgery and the level of care, attention, monitoring and emergency response which the applicant required couldn’t be provided at the jail, the Delhi High Court has granted him interim bail for 6 weeks.

The Single-Judge Bench of Justice Dharmesh Sharma was considering Katyal’s application filed under Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA) r/w Section 439 of the Code of Criminal Procedure, 1973 (Cr.PC) seeking interim bail on medical grounds.

It was vehemently urged that post Bariatric Surgery, the strict dietary requirements of the petitioner were critical for his survival. Alluding to the report of the Medical Board, AIIMS, it was emphasized that the petitioner had not only lost 14 kgs of weight till date, but had also been suffering from intermittent bouts of blood vomiting. It was further pointed out that a Dietary chart was also provided along with the report and it was vehemently urged that the jail was completely ill-equipped to ensure and provide such dietary requirements to the applicant and thereby monitor his health.

On a perusal of the report by the Medical Board of the AIIMS as also the treating Doctors at DDU Hospital as per the prescription besides the medical history of the applicant, the Bench noted that the dietary requirements of the applicant are such that they cannot be provided in the jail premises. Considering that the petitioner had undergone surgery on 09.04.2024, post Bariatric Surgery, the Bench opined that he needs to be given a proper diet in order to attain adequate physical, mental and psychological well-being for at least a period of 3 to 4 months. 

“The level of care, attention, minute to minute monitoring and emergency response which the applicant requires, cannot be provided at the jail presently. There is no gainsaying that providing home cooked food on an every day basis for a long duration is fraught with several technical hurdles at the jail premises”, the Bench said.

The High Court also noticed that although the complaint/chargesheet has since been filed against the applicant accused, the matter is still under investigation qua the co-accused. It was further noted that the petitioner was earlier also on interim bail on the medical grounds for about 84 days, and nothing was attributed against him so as to claim that he interfered or influenced the course of investigation in any manner.

Thus, the Bench was inclined to allow the application for interim bail on medical grounds for a period of six weeks from the date of his release from jail, subject to the condition that he furnishes a personal bond with a surety in the sum of Rs 2,50,000 each to the satisfaction of the concerned court/Duty MM. The applicant has been asked to before the court as and when directed. The applicant has also been asked to not switch off, or change the same without prior intimation to the IO concerned, during the period of bail.