Medical treatment and custody balance led to limited relief for continued follow-up care and rehabilitation.

The Delhi High Court considered whether an earlier custody order should be modified to allow continued medical treatment and follow-up care at the requested hospital while preserving custody arrangements. The Court noted that the discharge summary required post-operative review, stitch removal, rehabilitation and supervised follow-up treatment, and recognised the need for effective medical care while the presumption of innocence remains until guilt is established. Balancing these considerations against the seriousness of the allegations, the Court declined the request in the exact terms sought but granted limited relief by directing custody transfer, OPD follow-up, rehabilitation, examination by the medical board, and compliance with the discharge advice.

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Issues: Whether the earlier order required modification to permit the petitioner's continued medical treatment and follow-up care at the requested hospital while maintaining custody arrangements.

Analysis: The application was moved under Section 482 of the Code of Criminal Procedure, 1973 after the petitioner's discharge from the hospital named in the earlier order. The discharge summary indicated that further post-operative review, stitch removal, rehabilitation, and supervised follow-up treatment were still required. The Court also noted that a person is entitled to effective medical treatment and that the presumption of innocence continues until guilt is established, while balancing these considerations against the seriousness of the allegations.

Conclusion: The request for modification was not accepted in the exact terms sought, but the Court granted limited relief by directing custody transfer, permission for OPD follow-up, rehabilitation, medical examination by the medical board, and adherence to the discharge advice.

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