The main legal point established in the judgment is the importance of explicit and unambiguous medical documentation for judicial consideration in bail applications on medical grounds.

JUDGMENT

Subramonium Prasad, J. - This petition under Section 439(2) read with Section 482 CrPC has been filed by the petitioner/complainant challenging the bail on medical grounds granted to the respondent No.2 by order dated 05.01.2021 passed by learned Additional Sessions Judge, North West, Rohini Courts, Delhi in FIR No. 452/2017 dated 29.12.2017 registered at Police Station Kanjhawala under Sections 302, 207,201,120B and 34 IPC and Sections 25/27 Arms Act.

2. Even though the respondent No.2 has been asked to surrender as directed by order dated 05.01.2021 and in fact the revision has become infructuous, this Court is constrained to dwell further in the matter due to the sketchy medical reports given by the jail authorities at the time of granting bail.

3. It is found that that the medical reports which are filed by the Jail Superintendants are not clear and the medical terms which are used are not easily decipherable by Judges. The Reports do not bring out the correct picture and sketchy and incomplete reports are given by hospitals/doctors which are being used for grant of bail or extension of bail.

4. Material on record in the case discloses that the respondent No.2 approached the learned Additional Sessions Judge seeking interim bail stating that respondent No.2 is suffering from various ailments and the major problem is of a critical tumour in the chest. It is stated in the application that the condition of the respondent No.2 has become more critical as he is not getting required treatment. It is stated that the respondent No.2 is not in a position to breathe properly and if the tumour is not treated properly, it can lead to cancer which is a worry for the respondent No.2 and his family.

5. Medical Report dated 04.11.2020 of the respondent No.2 was submitted by the Office of the Jail Superintendant. The relevant portions of the Medical Report reads as under:

"The inmate is a known case of right-sided gynaecomastia(swelling of breast tissue) for which he is taking treatment from jail dispensary. The FNAC Test of his right breast tissue was carried out in the pathology laboratory on 04.08.2020 which was suggestive of gynaecomastia. He was last reviewed by Medical Officer on 29.10.2020 as a follow-up case of right-sided gynaecomastia. He gave complaints of swelling in the right peri-alveolar tissue(breast tissue) and rapid growth of breast tissue. On examination, tenderness was present in the right breast swelling. He was provided symptomatic treatment accordingly. The inmate came to jail dispensary on 28.08.2020, 11.09.2020, 18.09.2020,25.09.2020, 09.10.2020, 15.10.2020, 20.10.2020 and 02.11.2020 with complaints of pain and bleeding per rectum during defecation, mass coming out of anus during defecation requiring to be manually pushed back and constipation. He was reviewed by Medical Officer on duty and jail visiting Senior Resident Surgery from DDU Hospital. On examination, he was found to have grade-III internal hemorrhoids at 3, 7 and 11 O' clock positions. He was diagnosed as a case of Internal Hemorrhoids Grade-III. He was provided symptomatic treatment in the form of oral medicines, ointment for local application, laxative syrup and was advised to take high fibre diet and hot water sitz bath. He was advised referral to DDU Hospital for further work-up for surgery in view of aggravation of symptoms.

At present, the inmate is known case of systemic hypertension, diabetes mellitus type-II, bilateral renal calculi (kidney stones) and right-sided gynaecomastia (swelling of breast tissue). He is suffering from palpitations, headache, left-sided chest pain, easy fatigability, weakness, burning micturition, frequency of urination, pain in bilateral sides of abdomen and swelling in right breast tissue for which he is being provided treatment from jail dispensary. He is known case of internal hemorrhoids grade-III. He is suffering from pain and bleeding per rectum during defecation, mass coming out of anus during defecation requ