The court balanced the appellant's medical needs with the requirement for judicial custody, allowing provisional bail for a limited period with conditions to ensure the appellant's return for further judicial proceedings.

Heard learned counsel for the appellant and learned A.S.G.I representing CBI on the prayer for provisional bail on medical ground made through I.A. No. 6627 of 2018.

2. Appellant is convicted in connection with R.C. Case No. 20(A) of 1996(A) vide impugned judgment dated 14.11.2017 passed by Special Judge-IV, C.B.I., A.H.D., Ranchi for the offence under Sections 120-B r/w Section 420/409/467/468/471/477-A of the Indian Penal Code and Section 13(2) r/w 13(1)(c)(d) of the Prevention of Corruption Act. He has been sentenced to undergo a composite sentence of 5 years with a fine of R.4,00,000/-and in default of payment of fine, to further undergo S.I for 1 year under the aforesaid sections of I.P.C. He has also been sentenced to undergo R.I. for 5 years with a fine of Rs.4,00,000/-and in default of payment of fine, to further undergo S.I. for 1 year under the aforesaid sections of P.C.Act. Both the sentences have been directed to run concurrently.

3. Earlier a medical report was called for from the Director, RIMS and also from the Director, Central Institute of Psychiatry by order dated 02.02.2018 about his medical condition as he had been sent for treatment initially to the RIMS and thereafter to CIP by the Jail Authorities. Appellant was again shifted back to RIMS as brought to the notice of the Court on 09.03.2018. Appellant has remained in RIMS thereafter. On 13.07.2018 appellant made a prayer for suspension of sentence through I.A. No. 9811 of 2017. It was submitted on his behalf that authorities of RIMS have reviewed his medical condition in the last few weeks. He has been suffering from various ailments and is hugely obese. Therefore, fresh report of the medical condition of the appellant was called for. That report has been furnished through letter dated 19.07.2018 bearing no. 1656 at Flag-P. The Medical Board comprising Head of the Departments of Medicine, Orthopaedics, Cardiology, Radiology, Eye, Urology, Surgery and Psychiatry sat together and examined the appellant. On examination, it was found that he has been suffering from several diseases like Diabetes Mellitus Type II; Hypertension; Obesity (Post Sleeve Gastrectomy 2015); Coronary Artery Disease (Post 5 Stents); Depression, Diabetic Gastroparesis; Diabetic Nephropathy; Osteoarthritis and Difficulty in Micturition. As per the opinion of the Board he is required to be sent to higher center for treatment.

4. Learned counsel for the appellant has further given detail of his medical condition as described in the instant interlocutory application. He submits that appellant continues to be morbidly obese requiring the use of CPAP machine to sleep. He also has a long history of psychiatric bipolar disorder and is on heavy medication for the same. On account of his aliments, he needs super specialized attention including Bariatric Surgery; heart exercise tolerance testing; advanced urological testing dental rehabilitation; psychiatric and neurological treatment. Most of these super specialized facilities are not available in Ranchi. At present his weight is about 173 Kg and he is only 5 feet 7 ½ inch tall. He is unable to walk more than 20 steps. He had also been treated at Mumbai by Dr. Muffazzal Lakdawala for Bariatric Surgery (Annexure-2 is in support). Appellant has all attendant problems on account of several ailments that he suffer and can hardly walk more than 20 paces at a time. He therefore needs proper medical treatment at higher center like Mumbai where he had earlier undergone surgery. Therefore, he may be granted provisional bail for 6 weeks.

5. Learned A.S.G.I has not disputed the report of the Medical Board of RIMS which refers to the serious condition of the Appellant. He however submits that these complications can be attended in super specialty hospital like AIIMS where earlier this Court has been pleased to direct other convicts to be shifted there for treatment as per the reports of the RIMS authorities.

6. I have considered the submission of learned c