The Bombay High Court has granted bail to a 59-year-old man arrested in a criminal intimidation and blackmail case after taking into consideration that he lost 21 kilograms following his arrest, which it termed “alarming”.
Radha Mohan Mishra, who was arrested in June, had approached the High Court seeking bail on medical grounds.
Radha Mohan Mishra, who was arrested in June, had approached the HC seeking bail on medical grounds.
A bench of Justice Milind Jadhav on Monday said it 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 the mind of a normal prudent person. “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 Applicant finds himself in the present case,” the court said. Directing the accused to remain in custody or even in the prison hospital could further deteriorate his health to the point of no return, HC said. 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”.
