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2018 Supreme(SC) 1512
SUPREME COURT OF INDIA
Ranjan Gogoi, CJI., Sanjay Kishan Kaul, K.M. Joseph, JJ.
Dharampal Singh Yadav @ D P Yadav - Appellant
Versus
Central Bureau Of Investigation - Respondent
Miscellaneous Application No. 2898 of 2018 and Criminal Appeal No. 1297 of 2018
Decided On : 16-11-2018
Vikram Chaudhri, Adv., Sangram S Saron, Adv., Harshit Sethi, Adv., Rishi Sehgal, Adv., Sartaj Singh Gill, Adv., Kanhaiya Singhal, Adv., Aman Lekhi, Adv., P.K. Dey, Adv., Suhasini Sen, Adv., Arvind Kumar Sharma, Adv., Braham Singh Nagar, Adv., K.S. Rana, Adv.
The court's decision was based on the medical certification of the appellant/applicant's post-operative complications, highlighting the importance of medical evidence in determining the extension of interim bail on medical grounds.
Headnote:
Interim Bail - Medical Grounds - The court extended the interim bail granted to the appellant/applicant on medical grounds due to post-operative complications until a specified date based on certification by medical experts.
Fact of the Case:
The appellant/applicant was granted interim bail on medical grounds due to post-operative complications following a major spinal surgery. The court extended the interim bail until a specified date for the appellant/applicant to surrender to the concerned authority of the Dehradun District Jail.
Finding of the Court:
The court found that the appellant/applicant's post-operative complications warranted an extension of the interim bail based on certification by medical experts.
Issues:
Ratio Decidendi: The court's decision was influenced by the certification of the appellant/applicant's post-operative complications by medical experts, leading to the extension of the interim bail until a specified date.
Final Decision: The court extended the interim bail granted to the appellant/applicant on medical grounds until a specified date for surrender to the concerned authority of the Dehradun District Jail.
ORDER
1. By order dated 23rd October, 2018 this Court had granted interim bail on medical grounds to the appellant/applicant requiring him to surrender before the Jailor of the Dehradun Jail on 16 th November, 2018. The appellant/applicant who has undergone a major spinal surgery in Yashoda Hospital and Research Centre, Ghaziabad is reportedly suffering from some post-operative complications which have been certified by the doctors to require him to be admitted in the Intensive Care Unit ("ICU").
2. The appellant/applicant was admitted in the ICU but we are told that he is presently in transit to report to the Jailor of the Dehradun Jail in view of the order of this Court dated 23 rd October, 2018 requiring him to do so.
3. The doctors in the Yashoda Hospital and Research Centre, Ghaziabad have certified that the appellant/applicant is suffering from certain post- operative complications, as already noticed. In view of the above certification given by the experts in the field we extend the interim bail granted by this Court to the appellant/applicant until 5th December, 2018 whereafter he will surrender to the concerned authority of the Dehradun District Jail where he was previously lodged on 6th December, 2018 in the course of the day.
4. The Miscellaneous Application shall stand disposed of in the above terms.
