2 days ago
Bombay High Court Grants Medical Bail After Dangerous Weight Loss
A 59-year-old man was in jail while waiting for his criminal trial.
He became much thinner, losing 21 kilograms in only 48 days.
He had recently undergone major stomach surgery and needed a special liquid or semi-liquid diet.
He also had several other health problems that required specialist doctors.
The court learned that some prison medical facilities could not provide the care he needed.
The prosecution said the jail hospital could treat him, but the court disagreed.
It said staying in custody could make his health much worse.
The court therefore allowed him to leave custody on medical bail, with rules requiring him to cooperate with the investigation.
The Bombay High Court granted medical bail to a 59-year-old undertrial who lost 21 kilograms in 48 days.
The court said the weight loss was “alarming and dangerous,” especially after recent gastric surgery and other health problems.
The man had undergone surgery in November 2025, with 80% of his stomach removed, and required a liquid or semi-liquid diet.
He had been admitted to five hospitals after his arrest and allegedly could not access prescribed food, medication, or specialist care in custody.
The prosecution argued that his condition could be treated at the jail hospital, but the court found continued custody could further endanger his health.
- Who
- A 59-year-old undertrial, represented by advocate Salman K Pathan; the case was heard by Justice Milind N Jadhav.
- What
- The Bombay High Court granted him bail on medical grounds after he lost 21 kilograms during 48 days of incarceration.
- Where
- The proceedings concerned custody and treatment involving jail medical facilities, Sassoon General Hospital, KEM Hospital, and JJ Hospital.
- When
- The court order was reported as being issued on September 7; the article also states that his gastric surgery took place in November 2025.
- Why
- The court found that his serious medical needs, drastic weight loss, special diet, and need for specialist care could not safely be managed in custody.
Court’s Assessment
Prosecution’s Position
Seriousness of medical condition
Court’s Assessment
The court described the weight loss as alarming and dangerous and found that continued custody could cause further deterioration, potentially to a point of no return.
Prosecution’s Position
The prosecution argued that the man’s condition was neither serious nor life-threatening and could be treated at the jail hospital.
Adequacy of custody-based treatment
Court’s Assessment
The court found that the man needed rehabilitation, dietary monitoring, infection protection, and uninterrupted specialist appointments outside custody.
Prosecution’s Position
The prosecution opposed release on bail and disputed the claim that the arrest was illegal, maintaining that treatment could continue through the jail hospital.
Key facts
- Age
- 59 years
- Weight loss
- 21 kilograms in 48 days
- Gastric surgery
- 80% of the stomach was removed; a liquid or semi-liquid diet was prescribed
- Medical conditions
- Type-I autoimmune pancreatitis, liver disease, tuberculosis, and a pituitary gland problem requiring steroids
- Hospitals
- The man had been admitted to five hospitals after his arrest
- Medical facilities cited
- Sassoon General Hospital and the jail hospital lacked requisite specialists; he was later brought to KEM Hospital and JJ Hospital
- Bail conditions
- He must cooperate with the investigation and provide information sought by the investigating officer; hospital or home visits may occur with due notice
Quotes
Justice Milind N Jadhav
Bombay High Court judge who presided over the medical bail application
“It is seen that he (man) 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”
indianexpress.com
“These requirements can only be met if the applicant receives treatment at a hospital of his choice and/or his home where he is well taken care of, away from an infection-related environment if he is to stand trial”
indianexpress.com
Sources
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