Delhi High Court Grants Interim Bail to Amit Katyal on Medical Grounds, Cites Inability of Jail to Provide Adequate Care

Health is paramount, specialized dietary needs cannot be ignored: High Court

In a significant judgment, the Delhi High Court has granted interim bail to Amit Katyal, who is facing charges under the Prevention of Money Laundering Act, 2002 (PMLA), on medical grounds. Justice Dharmesh Sharma presided over the matter, emphasizing the inadequacy of jail facilities to cater to Katyal’s post-bariatric surgery dietary and medical requirements. The interim bail has been granted for six weeks, subject to stringent conditions.

Amit Katyal, suffering from complications following a bariatric sleeve gastrectomy performed on April 9, 2024, petitioned for interim bail under Section 45 of the PMLA read with Section 439 of the Code of Criminal Procedure, 1973. Katyal cited multiple health issues, including coronary artery disease, obstructive sleep apnea, diabetes, and syncope, exacerbated by inadequate dietary provisions in jail. The Directorate of Enforcement (ED) opposed the bail, arguing that the jail could manage Katyal’s medical needs and raised concerns about his potential misuse of bail.

The court’s decision leaned heavily on the medical reports provided by the jail and the All India Institute of Medical Sciences (AIIMS). The Medical Status Report from Tihar Jail highlighted Katyal’s severe health issues and the necessity for a specific diet critical for his recovery. The AIIMS Medical Board confirmed the essential nature of this specialized diet and the challenges in meeting these dietary requirements within the jail premises.

Justice Sharma noted, “The dietary requirements of the applicant are such that they cannot be provided in the jail premises. Considering that the petitioner has undergone surgery on 09.04.2024, post Bariatric Surgery, 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 judgment carefully considered the legal principles surrounding the granting of bail on medical grounds. Justice Sharma cited various precedents, emphasizing that interim bail on medical grounds is warranted when specialized treatment necessary for the petitioner’s health cannot be adequately provided within the jail. The court balanced Katyal’s health rights against the need to prevent interference with the ongoing investigation.

“The health of the petitioner has to be given primacy, and it is his fundamental right to be given adequate and effective treatment whilst in jail,” Justice Sharma remarked, referencing the case law to support this stance.

Justice Sharma underscored the importance of the medical evidence, stating, “The provision of a strict diet is very critical and essential for the adequate recovery of the petitioner since the surgery has led to the removal of 75% of the stomach. Until proper diet is given, recovery is unlikely to happen.”

The Delhi High Court’s decision to grant interim bail to Amit Katyal for six weeks underscores the judiciary’s commitment to ensuring humane treatment of detainees, particularly when specialized medical care is required. The judgment sets a significant precedent for future cases involving medical bail, highlighting the balance between an individual’s health rights and the integrity of the judicial process.

Date of Decision: June 26, 2024

Amit Katyal v. Directorate of Enforcement, Government of India