Mumbai: Observing that his condition is “precarious”, Bombay HC granted medical bail to an accused who, after undergoing sleeve gastrectomy surgery, lost 21kg within 48 days of jail custody.“Directing the applicant to remain in custody is incompatible with his health conditions and it would run the risk of deterioration of his health further to a point of no return in that case,” said Justice Milind Jadhav on Tuesday. “We are otherwise all aware of jail conditions and the enormity of congestion in jails, and I need not comment on the same.”The man was arrested on June 17 by Pune crime branch and an FIR was registered under BNS for offences that included rape and under Black Magic (Prevention) Act on a complaint by a partner in a real estate business. On Aug 25, the trial court refused him bail.His advocate said he suffers from several medical conditions. In the Nov surgery, 80% of his stomach was removed. He was required to maintain a strict liquid/semi-liquid diet. Since his arrest, he has been unable to maintain it, said the advocate. He was hospitalised at Sassoon Hospital in Pune and then transferred to KEM and JJ hospitals. However, the diet he required was not available, said the advocate.Noting that JJ Hospital doctors did not dispute his condition, Justice Jadhav said the applicant requires “ample rehabilitation, care”, which can be met “if he receives treatment at a hospital of his choice and/or his home”. He granted him bail on a personal bond of Rs 2 lakh with conditions. Also, the man will join the investigation after six months depending on Sassoon Hospital’s report.
