The court emphasized the importance of health conditions in custody, allowing temporary bail based on medical necessity while asserting that bail should be granted sparingly.

(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)

1. We have heard Mr.Shalin Mehta, learned Senior Advocate assisted by Mr.Ashish Dagli, Mr.B.B. Naik, learned Senior Advocate assisted by Mr.Ekant Ahuja and Mr.Hardik Dave, learned Public Prosecutor assisted by Mr.L.B. Dabhi, learned APP for the respective parties.

2. The applicant – convict seeks temporary bail for the second time on the ground of his medical condition during the pendency of the appeal. The Supreme Court, by order dated 07.01.2025, on medical ground, granted bail till 31.03.2025. In view of the liberty granted by the Supreme Court, the convict approached this Court and sought temporary bail on medical ground. This Court, vide order dated 28.03.2025, granted temporary bail for a further period of three months. In Para-12, while granting the bail, this Court observed thus:

“12. In the case at hand, the applicant aged about 86 has been put in the category of ‘high risk patient’. In the year of 2024, the he was admitted in AIMS, Jodhpur and was diagnosed to have Ischemic heart disease, hypertension, hypothyroidism, anemia with GI bleed and he was admitted in ICU and Medical Board Committee consisting of 8 doctors advised for coronary artery bye-pass heart surgery and he has been assessed and put as ‘high risk patient’. Thereafter, he had been referred for more than 15 times at various hospitals including Ayurvedic Hospitals and stayed as indoor patient. The applicant after 14.01.2025 was examined by AIMS, Jodhpur, Shelby Hospital, Ahmedabad, Ayurvedic doctors of Ahmedabad, MY Hospital, Indore and Dhanvantari Government College, Ujjain for the cardiac assessment, nephrologic assessment, neurological assessment and was advised for different treatment, prescribed medications, and till date, the applicant is taking treatment and on medications and the plan of naturopathy treatment is still not completed. The medical reports attached herein have been cross- checked by the State and their authenticity have not been doubted by the State. In such circumstances, at this stage, we satisfied that, the applicant being a high risk patient and having regard to the serious ailment, requires specialized care, continuous monitoring by nursing assistance, dietary supervision and multi disciplinary treatment, which does not available in the prison. In these context, we may profitably refer on this aspect the observation made by Delhi High Court in the case of Vijay Agrawal Vs. Directorate of Enforcement , ( 2022 SCC on-line Delhi 4494 ) the Single Judge of Delhi High Court observed that, howsoever, serious offence may be, the health condition of a human being is paramount. The health concerned of a person in custody, has to be taken care by the State and keenly watched by the judiciary. Every person has a right to get himself adequately and effectively medically treated, as Article 21 of the Constitution of India says that, right to live a healthy life is also one of the facets of fundamental rights. It is further observed that if the sufÏcient treatment is available in the jail, then preferably the same should be provided to the prisoners, however, this court believes that the person in the custody suffering from serious ailment should be given an opportunity to have the adequate and effective treatment. The discretion for granting interim bail may not be exercised only at a stage when the person is breathing last or in the position that, he may not survive.”

3. Mr.Shalin Mehta, learned Senior Counsel, while seeking further three months’ extension of temporary bail, submitted that the convict was put in category of high-risk patient and needs close monitoring/supervision,