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3. Mr. Tanveer Ahmed Mir, learned counsel for the applicant, states that the applicant was arrested in the present case on 01.03.2023 and has been incarcerated since then and is presently lodged in Jail No.7, Tihar Jail, Delhi. It is stated that the applicant had preferred an appeal seeking extension of duration of medical examination and treatment at Indian Spinal Injuries Centre, Vasant Kunj, New Delhi which was dismissed by this Court vide order dated 17.11.2023 wherein this Court had directed the jail authorities to ensure that the applicant is provided with the treatment as prescribed by the doctors concerned. It is argued that the present interim bail application has been preferred owing to the lack of facilities at jail hospital for providing effective medical treatment to the applicant in terms of regular physiotherapy sessions as prescribed by the concerned doctor at Indian Spinal Injuries Centre, and lack of facility in jail hospital for administering epidural steroid injection/and other necessary procedures for C3-C4 joint of the applicant. It is argued that the applicant is required to be released on interim bail since effective and adequate medical treatment in terms of post epidural care is not being provided in the jail premises. It is submitted that pursuant to the order dated 17.11.2023 passed by this Court in the present case, the applicant was discharged from the Indian Spinal Injuries Centre on 20.11.2023. It is stated that as per the discharge summary of the applicant, he was evaluated and diagnosed as a case of C3-C4 herniated nucleus pulposus (Annular tear) and Right C6-C7 foraminal disc Osteophyte complex causing stenosis. The applicant had undergone C6-C7 transforaminal epidural steroid injection and Right C6-C7 facet joint block under local anaesthesia. The applicant was advised to continue medication and physiotherapy (IFT/ TENS/ Ultrasonic), as per symptoms. It is further submitted that the applicant was advised by the concerned doctors to continue taking physiotherapy sessions, however, since 20.11.2023, no physiotherapy sessions have been provided by the concerned medical staff at the jail hospital despite the daily visits of the applicant to the OPD located within Jail No. 7, since the jail hospital does not have the requisite facilities where the applicant can get physiotherapy sessions. It is further stated that the concerned medical staff at Jail No. 7 has informed the applicant that he cannot be provided supervised physiotherapy sessions, which was being provided to the applicant at Indian Spinal Injuries Centre in terms of post- epidural care. The applicant has been further informed by the concerned medical staff at Jail that the jail medical facilities do not have equipments needed for specialized physiotherapy sessions, including IFT/ TENS/ Ultrasonic, which have been prescribed to the applicant. It is submitted that as per the current neurological condition of the applicant's cervical spine, the applicant cannot travel daily in the jail ambulance for physiotherapy sessions outside the jail premises, as that may lead to worsening of his neurological condition. It is submitted that if the applicant is not able to receive the necessary post-epidural care, as prescribed to him, after the painful and complex procedure of transforaminal epidural steroid injections, it may lead to worsening of the medical condition of the applicant which might also result in an urgent need of life-threatening surgery. It is also submitted that the facilities available in the jail where the present applicant is lodged are of a general nature, and are inadequate to monitor proper health of the applicant, who is suffering from multiple serious ailments. Thus, it is argued that the jail premises itself is not equipped to provide special and intensive treatment and care that the applicant is in need of. In these circumstances, it is prayed that the applicant be enlarged on interim bail, on medical grounds, for a period of 12 weeks.

5. This Court has heard arguments addressed by the learned counsel for applicant and learned Special Counsel for Directorate of Enforcement and has perused the case file including the medical history of the applicant and previous orders of this Court.



                          ANALYSIS AND FINDINGS

                          i.     The Sequence of Events

6. This Court had permitted the applicant to be admitted for specialized treatment in ILBS hospital, Delhi vide order dated 19.09.2023 after considering the medical history of the applicant, the advice of the doctor concerned and requirement for his further treatment. Thereafter, this Court had allowed the request of applicant to be admitted for further treatment at Indian Spinal Injuries Centre, Vasant Kunj, Delhi for a period of three weeks vide order dated 16.10.2023. The applicant had then moved an application for extension of the duration of medical treatment at Indian Spinal Injuries Centre, Vasant Kunj, Delhi, after which the medical condition of the applicant was verified from the concerned hospital and a medical report dated 06.11.2023 was prepared by Associate Director, Department of Spine Services, Indian Spinal Injuries Centre, Vasant Kunj, Delhi, which had opined the medical condition of the applicant to be stable. Thus, this Court, after considering the improvement in medical condition of the applicant, had dismissed the application for extending the duration of medical treatment of the applicant at the concerned hospital. The relevant portion of the order dated 17.11.2023 of this Court reads as under:

"...The Inmate Patient submitted discharge summary dated 20/11/2023 from Indian Spinal Injuries Centre. (ANNEXURE- A1) Multiple times the inmate patient visited the jail dispensary for the complaint of neck pain radiating to right upper limb for which he was advised to continue physiotherapy and medicines as advised at Indian Spinal Injuries Centre. 


                          CONCLUSION
                          i.      The Decision

27. At this stage, this Court notes that the medical facilities available at the jail dispensary is not able to provide the medical treatment which is required by the applicant, as adviced by the doctors concerned in terms of post-epidural care after his spinal surgery. Thus, considering that at this stage, no immediate arrangement can be made by the jail dispensary for ensuring appropriate medical care. of the applicant, this Court deems it fit, for the purpose of ensuring that a balance is struck between the right of the prisoners to appropriate medical care and the right of the State to ensure rule of law, to allow the request of applicant to get the required physiotherapy treatment at the Safdarjung Hospital, Delhi. In case, the required medical care is not available at Safdarjung Hospital, Delhi, the applicant may move a fresh application before this Court for being treated at Indian Spinal Injuries Centre, Vasant Kunj, Delhi.