Mumbai: A 59-year-old man arrested in a criminal intimidation and blackmail case has been granted bail after a drastic weight loss while in jail.
Radha Mohan Mishra, who was arrested in June, lost 21 kilograms, reported PTI.
Mishra had approached the Bombay High Court seeking bail on medical grounds.
A bench of Justice Milind Jadhav said he had no doubt that Mishra’s medical condition was “precarious” and the chronology of his medical history while in custody was quite disturbing even to a normal prudent person.
Mishra had submitted to the high court that he had episodes of vomiting, dizziness, fainting, dehydration and fatigue.
“Prima facie, it is seen that he lost 21 kilograms of body weight in a span of 48 days of incarceration which by itself is alarming and dangerous to health under normal circumstances let alone the dire medical circumstances within which the applicant finds himself in the present case,” Justice Jadhav said.
The high court was of the view that directing the accused to remain in custody or even in the prison hospital could result in further deterioration of his health to the point of no return.
Justice Jadhav said that the court was conscious of the fact that bail on medical grounds is the most misused ground, but “the long-standing practice of bail is the rule, jail is the exception ought to be aptly put into practice in such open and shut cases.”
Mishra’s incarceration, even though for a few months, has significantly affected his overall health and prima facie he requires ample rehabilitation, care, monitoring of his diet, precaution from infections and regular uninterrupted appointments with specialists, the court said.
Mishra was arrested under various offences of Bharatiya Nyaya Sanhita and Maharashtra Prevention of Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act.
The prosecution said that Mishra and his family members allegedly blackmailed and threatened their neighbours over a civil dispute.
Opposing Maishra’s bail plea, the prosecution stressed that his ailments were not life-threatening and he could be treated in jail itself.
The court refused to accept this and said it was aware of jail conditions and the enormity of congestion there.
“There is a marked qualitative difference in the treatment received as an undertrial prisoner especially in jail barracks and jail hospital and as a citizen under no restraint. I need not say much on this aspect,” the judge said.
Granting relief to Mishra, the court ordered him to furnish a bond of Rs 2 lakh.
