Jain’s lawyer submitted that he was suffering from sleep apnea, a medical condition that was quite grave and could even cause the sudden death of a patient if the continuous positive airway pressure (CPAP) machine was cut off in the absence of an attendant.
In case, the patient removed the machine or there was a power failure and it needed power back-up which was not there in the jail, he argued saying Jain had suffered severe pneumonia during Covid and had just managed to survive. Even at the time of remand, on request made in that regard, directions were given to make arrangements for the said condition of the accused to provide a CPAP machine, the counsel pointed out.
“However, at this stage, when no specific ground has been taken in the bail application regarding the medical condition of the accused and no medical documents have been produced to show the medical history of the accused or to show the extent of the medical condition of the accused (except the medical examination papers which were produced by ED at the time of remand), only on the ground that the accused suffers from sleep apnea, he cannot be enlarged on bail,” said the order passed by Additional Sessions Judge Geetanjli Goel.
