Interim bail granted, where the Jail Authority cannot provide the necessary treatment: High Court of Delhi.
In the case where the medical condition of the accused person in custody, is serious and the jail authority is unable to extend any necessary medical treatment, then in such case, the court may grant interim bail to such person in custody for a specified period to get examined and treated. A single Judge bench Comprising of Hon’ble Justice C. Hari Shankar, in the matter of Ashok Kumar Mishra Vs. Directorate of Enforcement (CRL.M(BAIL). 840/2021), dealt with an issue where the petitioner, who is in custody had applied for interim bail on medical grounds. In the present case the petitioner was alleged of committing offenses 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. The petitioner was in custody while he applied for Interim bail on medical grounds. After issuance of notice on this application, the Senior Medical Officer, Central Jail No. &amp; of Tihar, filed a medical report before this court on 25th June 2021. The medical report reflected the condition of the Petitioner to be considerably serious. And for such medical condition of the accused, the jail authority didn’t have the wherewithal to extend necessary treatment. Later the Court deemed it appropriate to call for a report from the Government Medical Hospital. As per the second medical Report, the SPP for the respondent submitted before the court that no where in the second report, the jail Authority have expressed any inability to extend any necessary medical treatment to the applicant. The counsel for the petitioner submitted that the petitioner should be granted anticipatory bail so that he can get the appropriate medical or surgical therapy, necessary for his condition. The counsel stated that the application for interim bail does not mean escapes from the confine of the jail, and the applicant through this application only seeks interim bail for 2 weeks, whereafter he had undertaken to return to custody. Moreover, the council submitted before the Hon’ble court that the co-accused in the same office was granted interim bail by the trial court for a period of 30 days, but the co-accused had continued to remain outside the jail. The court observed that it cannot totally ignore the first medical report which reflected that the applicant’s condition was serious and the inability of the Jail Authority to provide any necessary treatment to the applicant. Also, on 10th June 2021, the applicant had a cardiac arrest. After going through both the medical reports and the submission of both the counsels, the court deemed it appropriate to grant interim bail to the applicant to get examined and treated for a period of 14 days from the date of his release on furnishing of a personal bond of ₹ 2,00,000/ – with one surety of like amount to the satisfaction of the Jail Superintendent. Also, the applicant was asked to provide to the Jail Superintendent, his personal mobile no. along with the mobile no. of two other persons as an alternative contact source, before he is released. Further, the applicant was directed to contact the IO telephonically, on a daily basis. Moreover, he was direct not to interact with the co-accused or any other person named in the case and also should not interfere or influence the investigation or inquiry process. Lastly, the petitioner was directed to surrender to the custody immediately on the expiry of 14 days from the date of his release.
 IN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLN. 1878 2021 & CRL.M(BAIL). 840 2021 ASHOK KUMAR MISHRA ..... Petitioner Through: Mr. N. Hariharan Sr. Adv. assisted by Mr. Murari Tiwari Siddharth S. Yadav Mr. Samarth K. Luthra Ms. Akriti Gupta Mittal and Mr. Rahul Kumar Advs. DIRECTORATE OF ENFORCEMENT ..... Respondent Through: Mr. Nitesh Rana SPP with Mr. Ali Khan Adv. for ED HON BLE MR. JUSTICE C. HARI SHANKAR O R D E R03.07.2021 CRL.M(BAIL). 840 2021 in BAIL APPLN. 1878 2021 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 Asct 1947 and Section 409 read with Section 120 B of the Indian Penal Code has applied for interim bail on medical grounds. 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 BAIL APPLN. 1878 2021 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 antithromboticmedicines for Coronary Artery Disease Injection insulin 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 His referral to a higher centre to and levels are not in control 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 to nature of his multiple COVID precautions due 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 BAIL APPLN. 1878 2021 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 and Bed Rest including Sleeping and Sitting Support. Currently due to is not regularly COVID 19 restrictions physiotherapy available in jail. 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 on duty measure pulse rate high(l 12 per minutes). High blood pressure 148 130 mm of Hg) and Low SP02(92%). Doctor on duty injectable medication and oxygen prescribed necessary inhalation and blood test of cardiac markeris positive indicating a cardiac attack. Jail visiting Senior Resident Medicinealso examined the inmate patient and advised for oxygen inhalation anticoagulant medication and diagnosed a case of Angina Pectoris further advised for admitted in central jail no. 07 M.I. Room for close the presence of comorbidities of monitoring. Also uncontrolled diabetes mellitus 2 hypertension coronary artery disease and COPD in the inmate which puts him at higher risk for getting COVID 19 and for developing serious illness from COVID 19. Previously the inmate patient came in emergency condition in CJ 07 MI Room for the treatment of the acute exacerbation of Bronchial Asthma medical report dated 24th A plain reading of the afore extracted passages from the June 2021 reveals that the condition of the applicant is considerably serous and that the jail authorities do not have the wherewithal to extend to him the necessary treatment. This Court deemed it appropriate nevertheless to call for a report from the government medical hospital whereupon the applicant was seen by the authorities in the Ram Manohar Lohiya Hospital who have also tendered their opinion resulting in a second medical report June 2021 paras 1 to 3 of which read thus inmate patient was “1. The in Medicine department by Dr. K Sai Samarth Dr. Pooja Rani(MD Medicine Senior Resident) Finding SP02 98% respiratory system B L breath sound + except wheeze in B L ISA(Inferior Segmental Area) Chest x ray(p a view) diabetic diet B.P. and R.B.S. Monitoring Life style modification sign of hypoglycaemia explained and review with report. 2. The inmate patient was reviewed in Cardiology department by Dr. Aseem Basha M enclosed copy of review prescription Annexure 3) finding: Pulse rate 72 min. Blood Pressure 144 88 mm of hg CVS BAIL APPLN. 1878 2021 S1S2 Normal ECG normal R wave progression advised medication and plan for Coronary Angiography. 3. The inmate patient was reviewed by orthopaedic department by Dr. Ankush finding: SLR(Straight Leg Raise Test) right 60 degree left 90 degree and sensory loss over L4 L5 dermatomes. prescribed medication and plan for MRI L.S. Spine.The inmate patient currently admitted in cj 07 MI Room his vital status of today 30 06 2021 at 1:30 P.M. Temp — 99.0 °F Blood Pressure 142 88 mmHg Pulse Rate 92 min Respiratory rate 20 min Spo2 98%” 5. Mr. Nitesh Rana learned SPP for the respondent submits that in the second report dated 30th June 2021 the jail authorities have not expressed any inability to extend medical treatment to the applicant. It is not possible for this Court to entirely ignore the medical report dated 24th June 2021. Both the medical reports seen in conjunction reveal that the medical condition of the applicant is not satisfactory. Nor can the court shut it eyes to the helplessness expressed by the jail authorities in the medical report dated 24th June 2021 in extending requisite therapeutic assistance to the applicant. Perhaps of most serious concern would be the fact that the applicant is stated to have had a cardiac attack as recently as on 10th June 2021. 7. Mr. N. Hariharan learned Senior Counsel for the applicant submits that the present application is being filed not as a means to escape from the confines of the jail but only because serious concerns arise from the medical reports which are forthcoming in the present case and that in order to avoid any exacerbation of the applicant’s BAIL APPLN. 1878 2021 condition or any possible cardiac arrest which as per the medical report dated 24th June 2021 did actually take place at least on one occasion the applicant ought to be extended the benefit of having his condition properly apprised and if necessary appropriate medical or surgical therapy administered to him. For this purpose Mr. Hariharan submits that he is only at present seeking interim bail for two weeks whereafter he undertakes to return to custody. He submits that in fact a co accused in the same office was extended interim bail on medical grounds by the learned trial court on 16th April 2021 initially for a period of 30 days and continues to remain outside the jail. On a cumulative reading of the aforesaid medical reports dated 24th June 2021 and 30th June 2021 especially keeping in view the observations in the passages extracted from the medical report dated June 2021 indicates that the applicant had in fact suffered a cardiac attack in jail I deem it appropriate to grant interim bail to the applicant solely in order to enable him to be examined and treated for a period of 14 days from the date of his release on furnishing of a personal bond of ₹ 2 00 000 with one surety of like amount to the satisfaction of the Jail Superintendent. The applicant shall provide his own mobile number as well as the mobile number of two other persons who may be contacted in the alternative to the Jail Superintendent before he is released. All the mobile numbers would remain active and operational during the period of interim bail of the applicant. The applicant is also directed to telephonically contact the IO on a daily basis. BAIL APPLN. 1878 2021 10. The applicant shall also ensure that he does not interact with any of the other co accused persons or other persons named in the present case and obviously shall not impede or inhibit the investigation or the inquiry process in this matter. 11. Any violation of these directions shall result ipso facto in withdrawal of the facility of interim bail granted today. The applicant shall surrender to custody immediately on the expiry of 14 days from the date of his release. 12. With the aforesaid directions this application stands disposed 13. The Registry is directed to e mail a copy of this order to Jail Superintendent Tihar as well as to learned Counsel for the parties as soon as it is ready. Mr. Nitesh Rana learned SPP for the respondent undertakes to inform the respondent of the order passed today. C. HARI SHANKAR J. VACATION JUDGE) of. JULY 3 2021 BAIL APPLN. 1878 2021 