A Bench of Justices H.L. Gokhale and Kurian Joseph, in a brief order, said: “This application is seeking bail on the ground of ill health of the applicant. There is a report which places on record the names of doctors who have examined the applicant, the treatment which has been given to him at the Manipal Hospital and the medication which has been prescribed.”
It went on to state: “The report states that the applicant has to report for review after two months to be ready for the eye surgery.
Mr. Prashant Bhushan [counsel for petitioner] presses the bail application submitting that there is no reason as to why the applicant should be retained in custody with his present condition.
Mr. Raju Ramachandran, senior counsel for Karnataka on the other hand, opposes this bail application very much.” “We are of the view that it will be better that the applicant is examined in a week. In the event his condition requires hospitalisation, he will be shifted to Manipal Hospital until he is ready for the eye surgery. The expenses for hospitalisation and the eye surgery will be borne by the State of Karnataka as he is in the custody of the State of Karnataka. The wife and near relatives of the applicant will be allowed to visit him and meet at the Hospital. The authorities will see to it that the food which is required in his present condition is made available to him either in jail or at the Manipal Hospital,” the Bench said.
In his special leave petition against a fast-track court order rejecting his bail, Mr. Ma'adani said he was now a handicapped person and his movements were restricted on account of amputation of his right leg below the knee. He said he was dependent upon a wheelchair for his movements, and that he was suffering from chronic diabetes, coronary heart disease and cervical spondylosis, among other ailments.
Mr. Bhushan submitted that due to the fluctuating and chronic diabetes Mr. Ma'adani was suffering from, coupled with the lack of appropriate treatment, he could not undergo the eye surgery. Mr. Ma'adani, the lawyer argued, could be released on interim bail so that he could get proper treatment and eat home-cooked food, which was essential to bringing down the blood sugar level.
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