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TMI Blog2024 (8) TMI 1470X X X X Extracts X X X X X X X X Extracts X X X X ..... ibing elaborate reasons. This Court observed in paragraphs 42 and 46 of the said order as under : "42. In the backdrop of the aforesaid assessment by the experts, on both diabetic retinopathy and diabetic neuropathy, it appears that the applicant essentially requires day care procedure and physiotherapy. It does not appear that the applicant requires an immediate surgical or other critical intervention. Perused the case summary dated 26th April, 2024. Copies of case summary be made available to the learned Counsel for the applicant, the learned APP and the learned Counsel appearing for respondent No.1. .......... 46. In the totality of the circumstances, it appears that what the applicant immediately requires is the day care procedure for both the eyes and physiotherapy. A direction for admitting the applicant in Sir J. J. Group of Hospitals for a period of two weeks to facilitate the applicant to have treatment for diabetic retinopathy as well as diabetic neuropathy, especially the physiotherapy, would serve the purpose. It would be open for the Medical Officers at Sir J. J. Group of Hospitals to appropriately advise the Superintendent Prison, as to whether further admissi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the applicant might need 2-3 months to stabilize. The Ophthalmologist had then opined that the applicant would need 3-5 more intra vitreal injections to stabilize vision in left eye. The applicant has been an indoor patient for over three months. The applicant must have had the requisite treatment as advised by the consultants. 34. In the aforesaid view of the matter, to have a better assurance regarding the prognosis of the disease, the severity of the diseases the applicant is suffering from, the nature of the medical and surgical intervention required, the line of treatment and the likely time required for the treatment and even the continued hospitalization of the applicant as an indoor patient, this Court considers it necessary to now direct that the applicant be shifted to Sir J. J. Group of Hospitals so that a team of the experts at Sir J. J. Group of Hospitals evaluates the applicant's medical condition and submits report to the Court. Such report of the experts at Sir J. J. Group of Hospitals would better equip the Court to decide the application." 6. Pursuant to the aforesaid order dated 30th July, 2024, the applicant came to be admitted at Sir. J. J. Group of Hospit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emic control and follow up in nephrology OPD-28 at J. J. Hospital on Tuesday or Thursday. He is advised to continue Tab Cardace 2.5 mg. 0-0-1, Tab empagliflozin 25 mg. 1-0-0, Tab linagliptin 5 mg. 1-0-0, Tab Diamicron XR 60 mg. 1-1-1, Tab Volibo 0.3 mg. 1-1-1, Tab Silodol-D 0-0-1. Ophthalmology Opinion: Mr. Amar Saduram Mulchandani has proliferative diabetic retinopathy in both eyes due to long standing Diabetes Mellitus because of this his vision in right eye is finger counting at 1 metre and in left eye is 6/18. This is same over an year. For right eye there is nil active management and for left eye he is advised intravitreal anti-VEGF injection after physician's fitness which is a day care procedure and should continue eye drops Nepafenac in left eye three times a day and Betaxolol eye drops in right eye twice a day. As per the committee the patient does not need hospitalization at present and can follow up in respective specialities at regular intervals on OPD basis. He is advised to take his medicines regularly as advised." 8. In the light of the above report, I have heard Mr. Kadam, the learned Counsel for the applicant, and Mr. Venegaonkar, the learned Special ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rein on bail. It was submitted that indisputably the applicant is suffering from diabetic neuropathy with muscle wasting and weakness causing permanent disability of 60%. Thus, the applicant deserves to be enlarged on bail, submitted Mr. Kadam. 12. In opposition to this, Mr. Venegaonkar, the learned Special PP, urged that all these submissions premised on the diabetic neuropathy with muscle wasting and weakness causing permanent disability were considered by this Court while deciding the first bail application and this Court had recorded a firm opinion that the applicant was not suffering from such sickness or infirmity as to warrant his release on bail. The liberty granted by the Supreme Court was only for renewing the prayer for bail in case the condition of the applicant deteriorated. Therefore, it has to be seen, whether there is deterioration in the health condition of the applicant. Mr. Venegaonkar submitted that the applicant has been effectively under treatment for past four months. In the face of clear and categorical opinion of the committee of experts at Sir J. J. Group of Hospitals that the applicant does not need hospitalization anymore and can follow up in the respec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... person claiming bail is suffering from such sickness as to warrant his release on bail. 32. Ordinarily, the consideration that the sickness is such that it cannot be adequately or effectively treated in the prison hospital/the medical facility attached to the prison or Government hospital, weighs with the Court. The degree of sickness also bears upon the exercise of the discretion. If it is a life threatening disease, the Court would be well advised to exercise its discretion. Conversely, it cannot be said that the proviso cannot be resorted to in the case of sickness which is not life threatening. Essentially, the question of sickness, or for that matter infirmity, is rooted in the thickets of facts of the given case. 33. Infirmity, in turn, may arise from a variety of causes. Infirmity may not necessarily be on account of sickness. The Parliament has therefore advisedly used the words 'sick' or 'infirm' disjunctively. The provision is required to be construed in such a manner as to advance the guarantee of right to life under Article 21. A prisoner cannot be left in the lurch even when he is suffering from a serious ailment for the only reason that his personal liberty is d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppreciation in the totality of the circumstances. It is necessary to note, while rejecting the first application, this Court had directed that the applicant be admitted as an indoor patient in Sir J. J. Group of Hospitals for the period of two weeks and the applicant be provided extensive physiotherapy, as advised, during the said period. The instant application came to be filed while the applicant was admitted as an indoor patient at Sir J. J. Group of Hospitals pursuant to the aforesaid order. Subsequently, pursuant to order dated 8th April, 2024, the applicant came to be admitted at Lilavati Hospital, Mumbai. In the report dated 26th April, 2024 the team of experts at Lilavati Hospital had opined that the applicant would require supervised therapy for two to three months, at least. The applicant remained as an indoor patient at Lilavati Hospital for over three months. The applicant must have had the requisite sessions of physiotherapy at the Lilavati Hospital, during the said period. 17. The assessment that the applicant requires regular physiotherapy cannot be questioned. However, the prayer for bail on the count that the applicant requires assistance for his daily routine act ..... X X X X Extracts X X X X X X X X Extracts X X X X
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