The court ruled that an applicant may be granted interim bail on medical grounds if serious health issues are evidenced, alongside the inadequacy of treatment available in custody.

Headnote:(A) Prevention of Corruption Act, 1947 - Section 13(2) read with Section 13(1)(a) - Indian Penal Code - Section 409 read with Section 120-B - Application for bail on medical grounds - Applicant suffering from serious health issues including cardiac ailments and diabetes - Medical reports indicate jail's inability to provide adequate treatment - Interim bail granted for 14 days for medical examination and treatment with conditions attached. (Paras 1, 3, 8, 12)

(B) Bail - Grant of bail on exceptional grounds - Court emphasizes medical condition of applicant and risks associated - Interim bail allowed considering health risks and prior instance of co-accused being granted similar relief. (Para 7)

Facts of the case:
The applicant is in custody under allegations related to corruption and criminal conspiracy. His health condition is severely affected, as he suffers from multiple comorbidities including cardiac disease and diabetes, which necessitated his request for interim bail.

Findings of Court:
The Court acknowledges the dire medical condition of the applicant, the inadequacy of medical treatment available to him in jail, and recognizes the need for appropriate treatment outside jail premises.

Issues: The main issue revolves around the appropriateness of granting bail based on the applicant's medical condition, especially concerning the alleged heart attack and ongoing health problems.

Ratio Decidendi: The court concludes that given the seriousness of the applicant's health issues and the apparent inability of the jail to provide necessary medical care, interim bail is justified for a limited duration to ensure adequate treatment.

Result: Interim bail granted for 14 days.

Table of Content
1. applicant's medical condition necessitates bail. (Para 1 , 2)
2. court examines medical reports on health of the applicant. (Para 3 , 4)
3. arguments presented regarding medical treatment needs. (Para 5 , 6 , 7)
4. interim bail granted under specific conditions. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14)

ORDER (ORAL)

(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 Act, 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 o