2020 (12) TMI 1405 - HC - Indian Laws

Seeking bail on medical grounds - medical emergency is there or not - HELD THAT - The applicant has been prosecuted for the offence under the provisions MCOC Act. The previous application was preferred on the ground that the applicant was tested positive for Covid-19. Report was called from Jail. The said application was rejected on 12th June, 2020 on the ground that subsequently the report of test was negative and medical emergency not in existence. On the previous date of hearing the question relating to the maintainability of the application was kept open. It is not necessary to dwell upon the said issue in the light of report submitted by the Chief Medical Officer, it is not inclined to grant bail on medical ground. Medical report is taken on record. The report indicate that the applicant is under close observation of prison Medical Officers in consultation with J.J. Hospital Doctors. He was regularly referred to J. J. Hospital for follow up and his overall health is moderately stable at present. Hence, no ground is made to grant relief in this application. Application rejected.

Summary

Issues:
Bail on medical ground due to severe health conditions, including HIV and tuberculosis, of the applicant while in custody.

Analysis:
The applicant filed a bail application citing various health issues, including being diagnosed with HIV and tuberculosis, and his deteriorating immune system due to the medical conditions. The applicant's counsel argued that the applicant's health condition warranted bail, referring to a Supreme Court decision highlighting the impact of HIV on an individual's health. The applicant's immune system was described as extremely weak, making him vulnerable to contracting other infections, especially under pandemic circumstances. The applicant's CD-4 cell count, crucial in HIV cases, was noted to be at 550 per cubic millimeter, posing a risk of developing AIDS if it falls below 500. The applicant was reported to be in constant pain due to tumours and swelling in his lymph nodes.

The Special Public Prosecutor opposed the bail application, stating that the applicant was the head of a crime syndicate and received proper treatment in jail. A medical report from the Chief Medical Officer of Mumbai Central Prison was submitted, indicating the applicant's medical condition and the treatment provided. The report detailed the applicant's health issues, including HIV, extra-pulmonary tuberculosis, chronic cystitis, and herpes genitalia, with regular follow-ups at J.J. Hospital. The report mentioned that the applicant was under close observation by prison medical officers and J.J. Hospital doctors, and his overall health was moderately stable.

Considering the medical report and the applicant's treatment and monitoring by medical professionals, the court rejected the bail application on medical grounds. The court found that the applicant's health was being adequately managed and monitored, with regular follow-ups and consultations with specialists. The court concluded that there was no sufficient ground to grant bail based on the applicant's medical condition. The interim application for bail was thus rejected and disposed of accordingly.

The judgment emphasized the importance of medical reports and professional medical care in evaluating bail applications based on medical grounds. It highlighted the need for thorough assessment and monitoring of an applicant's health condition by medical experts when considering bail due to medical reasons. The court's decision was based on the detailed medical report provided, indicating the applicant's ongoing treatment and stable health condition under medical supervision.