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2017 Supreme(Del) 1941
IN THE HIGH COURT OF DELHI AT NEW DELHI
YOGESH KHANNA, J.
ANIL BHATIA - Petitioner
Versus
STATE NCT OF DELHI - Respondent
BAIL APPLN. 789 of 2017
Decided On : 28-06-2017
For the Petitioner:Mr. Sushil Bajaj, Mr. Pradeep Kumar Kaushal, & Ms. Aasifa Sheikh, Advocates.
For the Respondent:Mr. Mukesh Kumar, APP with SI Suresh Chand, PS Rajouri Garden, Delhi, Mr. Rakesh Wadhwa & Mr. Ravi Ranjan, Advocates.
The court may consider the medical condition of the applicant and the pendency of a regular bail application as grounds for extending interim bail on medical grounds.
Headnote:
Interim Bail - Extension of Interim Bail - Medical Grounds - Summary: The court granted interim bail to the applicant on medical grounds for a limited period, considering the applicant's medical condition and the pendency of a regular bail application. The court extended the interim bail for a further limited period based on the medical evidence presented and the pendency of the regular bail application.
Fact of the Case:
The applicant sought an extension of interim bail on medical grounds due to an upcoming surgery, despite previous dismissal of anticipatory bail applications and being declared a proclaimed offender.
Finding of the Court:
The court extended the interim bail for a limited period based on the applicant's medical condition and the pendency of a regular bail application.
Issues: Extension of interim bail on medical grounds, validity of medical evidence presented by the applicant, pendency of regular bail application.
Ratio Decidendi: The court considered the medical evidence presented and the pendency of the regular bail application as grounds for extending the interim bail for a limited period.
Final Decision: The court extended the interim bail of the applicant until a specified date based on the medical evidence and the pendency of the regular bail application.
YOGESH KHANNA, J.
Crl.M.A.10057/2017
1. The applicant was granted interim bail on medical grounds for a period of four weeks vide order dated 26.05.2017 passed by Roster Bench in Crl. M.B. No.920/2017.
2. The applicant through the present application had applied for extension of interim bail for a further period of six weeks on the ground that he is going to be operated upon on 02.07.2017.
3. It is the case of the prosecution that his successive anticipatory bail applications were dismissed right upto the Apex Court and that he was even declared a proclaimed offender. Besides this, it is also stated that though the applicant had filed a certificate dated 12.06.2017 of Dr. Sudheer Tyagi which contains an endorsement “Admit for surgery on 02.07.2017”, but the same doctor has given yet another letter dated 21.06.2017 to the Medical Superintendent of Apollo Hospital, New Delhi which says that “I advised the applicant to try the injection Trigeminal and if he does not respond to this, can come for surgery. Patient has requested to book him for surgery on 02.07.2017. No test has been done.”
4. It is not disputed that in both the letters dated 12.06.2017 21.06.2017 the doctor concerned has indicated for admission of applicant for surgery on 02.07.2017.
5. Considering the fact that the regular bail application is pending before the Roster Bench for 12.07.2017 and seeing the illness of the applicant, the interim bail of applicant is further extended till 03rd July, 2017 only on earlier terms and conditions as indicated in order dated 26.05.2017.
6. The application stands disposed of.
