The Delhi High Court has heard the arguments on the interim bail petition of former Chairman of Amtek Group, Arvind Dham, accused in a Rs 2700 crore bank fraud case.
Appearing for Dham, Senior Advocate Kapil Sibal contended that the petitioner, who was suffering from coronary artery disease, should be permitted to undergo angiography at a hospital of his choice.
Since the complaint has already been filed, there was no need for further investigation, noted Sibal.
The single-judge Bench of Justice Vikas Mahajan, however, observed that the medical report classified the angiography as a one-day treatment.
Sibal cited precedents where courts had granted bail for four weeks to the accused requiring similar procedures. He referred to a case involving a 57-year-old heart patient and questioned the necessity of Dham’s continued custody.
The Senior Counsel further said the state could impose conditions on the bail, if required, as all witnesses in the case had already been examined.
Vehemently opposing the bail plea, Special Counsel Zoheb Hussain, representing the Directorate of Enforcement (ED), argued that the court needed to determine whether the case fell under Section 45 of the Prevention of Money Laundering Act (PMLA).
Even for interim bail, the conditions set by the provisio of Section 45 had to be satisfied. He further pointed out that the accused often sought medical bail when they failed to qualify for regular bail as the threshold was higher.
Referring to the medical board’s report, Special Counsel Hussain explained that Dham’s need for further procedure would be confirmed only after the angiography.
Since the procedure was a day-care treatment, interim bail was unwarranted. Instead, the High Court may reconsider the matter after reviewing the test results, he added.
The Special Counsel further suggested the Court to allow Dham’s hospital admission under security supervision, considering the severity of the alleged offence and his health condition.
The single-judge Bench of Justice Vikas Mahajan inquired whether the prosecution considered Dham a flight risk.
Special Counsel Hussain responded that their primary concern was whether keeping him in hospital custody would create any legal prejudice against him.
Senior Advocate Sibal, however, questioned the ED’s insistence on keeping Dham in custody. He maintained that his client had no intention of absconding and genuinely required the medical procedure.
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