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.
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.
He granted him bail on a personal bond of Rs 2 lakh with conditions.
“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. 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”. “We are otherwise all aware of jail conditions and the enormity of congestion in jails, and I need not comment on the same. Also, the man will join the investigation after six months depending on Sassoon Hospital’s report.