The Delhi High Court cites an observation in Vijay Agrawal Through Parokar vs Directorate of Enforcement case that the Article 21 of the Constitution is not only provides a fundamental right to live, but also the right to live with dignity and the right to live a healthy life. The Court, therefore, granted interim bail to Vijay Agrawal, an Accused of Money Laundering Case.
However, the ED opposed the bail plea, stating that there is hardly any change of circumstances which may necessitate grant of interim bail on medical grounds and that the petitioner is not suffering from any serious ailment.
Justice Dinesh Kumar Sharma of Delhi High Court observed that In this light, accused should be given an opportunity to have adequate and effective medical treatment.
‘This Court firmly believes that a person in custody suffering from serious ailment should be given an opportunity to have adequate and effective medical treatment’Justice Sharma Added.
The observations in an order granting bail to one Vijay Agrawal who has been charged with the offence of money laundering by the Enforcement Directorate (ED).
After considering the arguments, the Court said,Howsoeve the serious offence may be, the health condition of a human being is paramount. The custody during the period of investigation cannot be termed to be punitive in nature. The health concern of a person in custody has to be taken care of by the State and keenly watched by the judiciary.
The Court, therefore, granted interim bail to Agrawal, subject to certain conditions.
