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"I am only asking for the interim bail. I am sure your lordship (the judge) wants him (Amar Singh) here for trial. Till September 19 (the date for hearing on his regular bail plea), he may not be here," Singh's counsel Hariharan told Special Judge Sangita Dhingra Sehgal.
"This is not a normal problem which can be taken care by jail authorities," he told the court, prompting it to seek a report on the health condition of the former general secretary of Samajwadi Party.
Pleading for Singh's release on health grounds, the lawyer said he is suffering from urinary tract infection, which might worsen in Tihar jail as he has to share common toilet with other inmates.
"He has developed urinary tract infection after kidney transplant. Urinary tract infection is dangerous for a person who has undergone kidney transplant. This could lead to renal failure and could also lead to death," he said.
"His condition might lead to kidney failure completely. He is advised to keep himself in an infection-free environment which cannot be guaranteed by the jail authorities," he said.
While seeking the report on Singh's health, the court also asked the jail authorities to apprise it of the details of the conditions in which Singh is being kept in the prison.
"I am calling for a report from the jail superintendent on his (Amar Singh) health condition and how he is being kept in the jail," the judge said.
Fifity-five-year-old Singh's counsel submitted his interim bail plea was purely on health grounds as his condition was not well and the reports and the opinion of the doctor is that he should be under constant monitoring.
To buttress his claim, he said Singh has been regularly visiting his doctor in Singapore after the kidney transplant and his next appointment for the routine check up was scheduled for September 9.
He said Singh was "sick and infirm" and also submitted his entire medical records to the court.
"Chances of infection getting worse are very very high. As per doctors, he should be kept in a sterile environment," the counsel said, adding, "since July 2011, his health condition has worsened."
On the court's query regarding the condition of jail where Singh has been kept, the defence counsel said, "He is in normal jail and is using common toilets which could worsen infection anytime."
Advocate Hariharan told the court that Amar Singh's vital parameters needs constant monitoring as his recent urine and blood reports reflects that it was moving towards a kidney failure.
He reiterated Singh has been living on "borrowed kidney" and his medical records show the entire situation about his health which is "deteriorating day-by-day." He said that as far as the medical condition is concerned, there is no dispute that he is suffering from a serious health problem.
During the arguments on interim bail plea, the prosecution submitted it has verified the medical records provided by Amar Singh to them.
Public Prosecutor Rajeev Mohan said the plea for interim bail should be decided on prescribed norms. "The chargesheet has been already been filed and there is no aspect to see the case diary."
The court, after hearing the arguments, listed the matter for further hearing on September 12 but after the defence lawyer insisted for early hearing of the matter, the judge called for the report on Friday.
"I would call for the report on Friday but I would not be able to dispose interim bail plea," the judge said, adding the defence counsel could continue his arguments and "if possible", the court would decide on the bail plea on September 12.
Ex-Bharatiya Janata Party MPs Faggan Singh Kulaste and Mahabir Singh Bhagora, accused in the case, too moved the applications for interim bail, which are to be heard September 13.