Point of Law : Grant of bail on medical ground - Criminal breach of trust by public servant - Medical reports indicates that applicant had, in fact, suffered a cardiac attack in jail, Court deem it appropriate to grant interim bail to applicant

ORDER :

(Video-Conferencing)

CRL.M(BAIL). 840/2021 in BAIL APPLN. 1878/2021

1. The applicant, who is in custody on the allegation of having committed offences under Section 13(2) read with Section 13(1)(a) of the Prevention of Corruption Asct, 1947 and Section 409 read with Section 120-B of the Indian Penal Code, has applied for interim bail on medical grounds.

2. Consequent to issuance of notice on this application on 21st June, 2021, a medical report, from the Senior Medical Officer, Central Jail No. 7, Tihar, dated 24th June, 2021 was filed before this Court. The condition of the applicant, as reflected in the said medical report, appears to be considerably serious. Some extracts from the report may be usefully reproduced thus:

“The Visiting Jail Senior Resident Medicine examined and advised for Charting of blood pressure as well as blood sugar level were found to be above acceptable biological reference limits in the various periods evaluated. Then advised for injectable medicines for control higher blood pressure, tablets form with increase doses and antithrombotic (Blood Thinners) medicines for Coronary Artery Disease, Injection insulin Humalog for Insulin dependent Diabetes Mellitus-2. Nebulisation with Bronchodilator, Mucolytics and Steroids in CJ-07 Dispensary is being given twice daily along with inhalers and nasal spray. Inmate patient is being provided symptomatic treatment from jail dispensary but his symptoms and levels are not in control. His referral to a higher centre to be done as soon as current restrictions on inmate movements to outside hospitals due to high risk of getting COVID-19 infection and for developing serious illness from COVID-19 due to presence of comorbidities of Diabetes Mellitus and Uncontrolled Hypertension. Inmate patient has been advised COVID precautions due to nature of his multiple comorbidities.

HBAIC as on 07/06/2021 was 9.10%, where as normal biological reference interval is 4.8 to 5.9%. Above 8% the risk of Microvascular complications associated with diabetes mellitus may increase in case of diabetes associated with Chronic Hypertension, as age grows. Inmate patient have multiple episodes of severe breathlessness in recent days. Inmate patient has been prescribed medications, including inhalers to symptomatically use for treatment. Regular nebulisation with bronchodilator, mucolytics and steroids is being given. Inmate patient has been advised COVID precautions due to nature of his multiple comorbidities.

Inmate patient was reviewed and monitored by visiting jail Senior Resident Orthopaedics and last reviewed on 22/06/2021 for the complaint of Severe Lower Back Ache, pain in right and left shoulder, pain in bilateral knee, pain in great toe. severe low back pain radiating to bilateral lower limbs, weakness, numbness and tingling sensation in bilateral lower limbs, and difficult in carrying routine activities and requiring assistance for routine activities. He is being provided symptomatic treatment from jail dispensary but his symptoms are aggravating and no improvement is reported. He has been provided appropriately prescribed medications and now additionally Tab Pregabalin for the neuropathy. He has been prescribed the use of knee cap and Lumbosacral belt. He has been prescribed Physiotherapy (Diathermy) and Bed Rest including Sleeping and Sitting Support. Currently due to COVID-19 restrictions physiotherapy is not regularly available in jail.

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The inmate patient was brought on an emergency call to central jail no.-07 dispensary on 10/06/2021 at 02:15 P.M. for the complaint left sided Chest Pain, fever, anxiety, palpitation, fainting, sweating then doctor on duty measure pulse rate high(l 12 per minutes). High blood pressure (148/130 mm of Hg) and Low SP02(92%). Doctor on duty prescribed necessary injectable medication and oxygen inhalation and blood test of cardiac marker (Troponin t test) is positive indicating a cardiac attack. Jail visiting Senior Resident Medicine (Copy Enclosed