The Bombay High Court has granted medical bail to a 59-year-old undertrial who lost 21 kilograms within 48 days of detention, ruling that his continued stay in prison risks causing irreversible damage to his health.
In an order issued on September 7, Justice Milind N Jadhav observed that the rapid physical deterioration was alarming even under ordinary circumstances, and particularly severe given the prisoner’s existing medical complications. The court concluded that keeping the applicant in detention or in a prison ward would risk pushing his condition beyond recovery, emphasizing that he must receive proper treatment outside jail if he is to stand trial.
Extensive Medical Complications
The undertrial was taken into custody in June in connection with multiple allegations, including criminal conspiracy, sexual offences, and violations of Maharashtra’s anti-black-magic statute. Prior to his arrest, in November 2025, he underwent major gastric surgery in which 80 percent of his stomach was excised, requiring him to maintain a strict liquid or semi-liquid regimen.
Medical documentation presented to the court revealed that the man was also dealing with tuberculosis, liver disease, Type-I autoimmune pancreatitis, and a pituitary gland disorder that requires steroid therapy.
Following his arrest, the applicant was admitted to five different medical facilities. Because the prison clinic and Sassoon General Hospital lacked the necessary specialist staff, authorities transferred him to Mumbai on July 31 for examinations at KEM Hospital and Sir JJ Hospital.
Jail Constraints and Healthcare Quality
Representing the applicant, advocate Salman K Pathan sought bail primarily on health grounds, submitting that his client’s steep drop in weight and lack of access to prescribed medication and required nutrition necessitated treatment outside the prison system.
Assistant Public Prosecutor Sukanta Karmakar opposed the plea on behalf of the state, contending that the prisoner’s health issues were neither critical nor life-threatening and could be managed at the prison clinic. The prosecution also rejected assertions that the arrest was improper.
Justice Jadhav acknowledged that medical bail is sometimes vulnerable to misuse when other legal options are exhausted. However, the court found that the undertrial’s medical history was firmly established by hospital records and remained uncontested by the medical professionals who appeared before the bench.
The court highlighted the stark qualitative gap between the medical treatment available to unconstrained citizens and that provided to prisoners within crowded wards and jail hospitals. Justice Jadhav observed that the applicant required rehabilitation, steady dietary oversight, infection control, and unhindered access to specialists—care that could realistically be provided only at a facility of his own choosing or at home.
Conditions Imposed on Release
The High Court granted medical bail subject to conditions aimed at facilitating the ongoing probe. The undertrial must cooperate fully with investigators and disclose all information requested by authorities. Under the terms of the order, investigating officials are permitted to visit the man at his residence or medical facility for questioning, provided they furnish advance notice.
