TaxTMI 
TaxTMI 
2023 (10) TMI 1402
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....B of Indian Penal Code, 1860 (for short, "I.P.C.") and sections 13(1)(c) and (d) of the Prevention of Corruption Act, 1988 (for short, "P.C. Act") by C.I.D. Police Station, Mangalagiri. He was detained on 08.09.2023 at 11 P.M. and was arrested on 09.09.2023 at 6 A.M. for the aforesaid crime. The petitioner is an old person of 73 years of age, who, due to inadequate medical supervision and lack of facilities in the Jail is facing health complications on account of his continued incarceration. Prior to his arrest, he was in continuous medical care of his personal doctors, and he is not able to get medical management, which he was getting since a long period. Due to which, the health of the petitioner is deteriorating day by day and it could become life threatening and beyond the realm of control by the jail authorities. (i) The petitioner has suffered from Erythematous Popular Rash over his front chest, back palms and on intergluteal region. The Medical Report dated 14.10.2023 submitted by team of doctors after conducting medical examination of the petitioner reveals that the petitioner is a known case of Diabetes Mellitus from 15 years and is under continuous treatment and also su....
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....eral, for the Respondent-State. 5. Now, the question to be decided at this stage is: "Whether the petitioner/A.37, who is in custody, is entitled to interim bail on medical grounds? 6. The Learned Senior Counsel, for the petitioner, contends that the petitioner is a 73-year-old individual who has been in judicial custody since 10.09.2023. During his period of incarceration, the petitioner has faced difficulties in accessing necessary medical care, resulting in an Erthematous Popular Rash affecting his chest, back, palms, and intergluteal region. To substantiate this claim, reference is made to a medical report dated 14.10.2023, which was provided by a team of Government Doctors. 7. The learned Senior Counsel for the petitioner further contends that it is not disputed that the petitioner has been diagnosed with Diabetes Mellitus for a period of 15 years and has been receiving consistent medical care for this condition. Furthermore, the petitioner has a known case of Hypertrophic Obstructive Cardiomyopathy, for which cardiac evaluation was conducted in December 2022. A medical report dated 21.10.2023 recommends that the petitioner undergo a series of tests, including assessments....
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....lf well hydrated and maintain a cold environment around him since dehydration and a hot environment might precipitate cardiac complications like arrhythmias or heart blocks. He might require a checkup at our hospital if any of these ailments need to be addressed." 12. Dr B. Srinivasa Rao, Civil Surgeon Specialist, Government Hospital, Rajamahendravaram, addressed a letter dated 25.10.2023 to the Jail Superintendent, Central Prison, informing that on 25.10.2023 he examined the petitioner for an eye checkup for a complaint of defective vision Right Eye and stated as follows: "On examination: Left Eye - Pseudophakia Right Eye - Immature Cataract with normal papillary reflexes. Hence, the right Eye is also advised for IOL Surgery." 13. On the same day, i.e. 25.10.2023, Dr. B. Srinivasa Rao, addressed another letter to the Superintendent, clarifying that the eye condition of the petitioner is not of a serious nature and does not necessitate immediate surgery. Specifically it is mentioned that the cataract in the right Eye is still in an immature stage, and he can undergo IOL surgery at his convenience. The two letters penned by the same Doctor to the Superintendent of Central ....
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....or issue of necessary orders". 18. Based on the available material, it is evident that the petitioner was recommended to undergo Cataract surgery for the right eye within three months from 21.06.2023. This Court views that it would be unreasonable for a prudent individual to seek Cataract surgery solely for the purpose of obtaining bail. If that is so, the petitioner need not have waited till 25.10.2023 to come up with this petition. Considering the petitioner's age, this Court finds that it is quite probable to suffer from such old age ailments. There is no material casting doubt on the authenticity of the certificates relied on by the petitioner. In the second report also, Dr. B. Srinivasa Rao did not state that the petitioner need not require surgery. Consequently, this Court does not find it necessary to compel the petitioner to appear before a Medical Board, as suggested by the learned Additional Advocate General. 19. The learned Additional Advocate General placed reliance on a decision reported in State of U.P. vs. Gayatri Prasad Prajapati [2020 S.C.C. OnLine SC 843]. After going through the decision, this Court finds that it cannot be made applicable to the facts of th....
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.... the F.I.R. does not preclude him from seeking bail from either the Special Court or the High Court. It is nobody's case that an application has been moved on behalf of the petitioner seeking interim bail on the health grounds and has been pending for consideration before the Hon'ble Apex Court. This Court does not find merit in the argument put forth by the learned Additional Advocate General, which suggests that the petitioner's bail application should not be considered until the quash petition is adjudicated. 24. At this stage, it is profitable to refer to the observations made in the decision of Hon'ble Apex Court in Pt. Parmanand Katara vs. Union of India [(1989) 4 SCC 286], wherein the Hon'ble Apex Court has also emphasized the preservation of life both of an innocent person or a criminal liable to punishment, in the following words:- ".....7. There can be no second opinion that preservation of human life is of paramount importance. That is so on account of the fact that once life is lost, the status quo ante cannot be restored as resurrection is beyond the capacity of man. The patient whether he be an innocent person or be a criminal liable to punishment under the law....