The Bombay High Court has granted medical bail to a 59-year-old undertrial who suffered a drastic weight loss of 21 kg within 48 days of custody. The court cited the inability of prison hospitals to provide a critical post-surgery diet and specialized care.

  • Undertrial lost 21 kg in just 48 days of incarceration.
  • Patient had 80% of his stomach removed in a prior gastric surgery.
  • Court highlighted the lack of specialist doctors in jail and Sassoon General Hospital.
  • Applicant suffers from Type-I autoimmune pancreatitis, liver disease, and TB.

The Bombay High Court has intervened in a distressing case where a 59-year-old undertrial's health deteriorated rapidly while in custody. Justice Milind N Jadhav described the loss of 21 kilograms of body weight within a span of 48 days as "alarming and dangerous," particularly for a patient recovering from major surgery.

The man had undergone a significant gastric surgery in November 2025, which resulted in the removal of 80% of his stomach. Consequently, he was mandated to follow a strict liquid or semi-liquid diet to survive and recover. However, following his arrest in June on charges including criminal conspiracy and violations of Maharashtra’s anti-black-magic law, the court found that maintaining such a specialized diet in custody was virtually impossible.

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Why This Matters

BozokMedia analysis shows that this case exposes the critical gap between the legal requirements of 'medical care' in prisons and the actual ground reality. The court's observation regarding the "enormity of congestion in jails" suggests that the current infrastructure is incapable of handling patients with complex comorbidities. This sets a precedent that medical records, when undisputed, must override the prosecution's general objections to bail.

"The state cannot justify the incarceration of a person when the environment of the prison becomes a catalyst for their physical collapse."

The prosecution, led by APP Sukanta Karmakar, attempted to argue that the condition was not life-threatening and could be managed within the jail hospital. However, the court noted that the patient had already been shuffled through five different hospitals because the primary jail facilities lacked the necessary expertise.

Beyond the gastric surgery, the man was diagnosed with Type-I autoimmune pancreatitis, liver disease, tuberculosis, and a pituitary gland disorder requiring steroids. The court emphasized that the risk of infection in overcrowded jail barracks could lead the patient to a "point of no return."

Did You Know?: Medical bail is often scrutinized heavily by courts to prevent misuse, but it remains a vital safeguard for the Right to Life guaranteed under the Indian Constitution.

Frequently Asked Questions

1. Why was the weight loss considered 'dangerous' by the court?
Because the man had only 20% of his stomach remaining, making nutrient absorption critical; such rapid weight loss indicated severe malnutrition and health failure.

2. What conditions were imposed for the bail?
The man must cooperate with the investigation, and the investigating officer is permitted to visit his home or hospital with prior notice.