IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Bansal, J.
Randhir Kapoor - Appellant
Versus
State - Respondent
Bail Appln No. 1700 of 2021
Decided On : 09-06-2021
Interim Bail - Medical Condition - The court granted interim bail to the petitioner based on his medical condition, as he was suffering from various health issues and was not showing improvement despite treatment. The court considered the High Power Committee Guidelines and the Medical Status Report in reaching its decision.
Fact of the Case:
The petitioner sought interim bail in a case where the charge sheet had already been filed, citing his medical condition and the completion of the investigation.
Finding of the Court:
The court granted interim bail to the petitioner for a period of 30 days based on his medical condition, subject to specific conditions.
Issues: The main issue was whether the petitioner should be granted interim bail based on his medical condition despite the opposition from the State on the merits of the case.
Ratio Decidendi: The court's decision was primarily influenced by the petitioner's medical status report, which indicated his health issues and lack of improvement despite treatment, leading to the grant of interim bail under specific conditions.
Final Decision: The petition for interim bail was granted, and the petitioner was allowed interim bail for 30 days with specific conditions to be followed during the period.
JUDGMENT
Amit Bansal, J. - The present petition has been filed on behalf of the petitioner seeking interim bail in case FIR No.436/2019 registered at Police Station Saket under Sections 420/467/468/471/120-B IPC.
2. It is submitted on behalf of the petitioner that investigation in the case is complete and charge sheet as well as supplementary charge sheet has already been filed by the Investigating Officer and the petitioner is no longer required for the investigation.
3. The present case came up before this Court on 2nd June, 2021 wherein it was noted that the Medical Report dated 31st May, 2021 received from the Jail Authorities in respect of the petitioner states that the petitioner is suffering from Bronchial Asthma, shortness of breath, Hypertension, Diabetes Mellitus Type II and Coronary Artery Diseases for which the petitioner has been provided treatment by the Jail Authorities, but the petitioner is still not making improvement. It is further recorded that the petitioner's case is covered under paragraphs 6 and 7 of the High Power Committee (HPC) Guidelines dated 4th May, 2021.
4. In terms of the said order the State was required to file a Status Report.
5. Status Report has been filed by the State wherein it is confirmed that the charge sheet has already been filed. But otherwise, on merits the grant of bail is opposed. Learned APP also submits that the case of the petitioner is not covered under the HPC Guidelines.
6. Taking into account the Medical Status Report dated 31st May, 2021 filed by the Jail Authorities, wherein it has been stated that the petitioner is suffering from Bronchial Asthma, shortness of breath, Hypertension, Diabetes Mellitus Type II and Coronary Artery Diseases and despite treatment there is no improvement in his medical symptoms, I am inclined to grant interim bail to the petitioner for a period of 30 days subject to the following conditions:
(i) Furnishing a personal bond in the sum of Rs. 50,000 with one surety bond of the like amount subject to the satisfaction of the Learned Duty Magistrate/Superintendent Jail;
(ii) During the period of grant of interim bail the petitioner will keep his mobile phone in active mode at all times and will not influence the witnesses in any manner directly or indirectly;
(iii) He will not leave the jurisdiction of Delhi/NCR; and,
(iv) He will report once in a week, every Monday to the SHO of Saket Police Station.
7. The petition is disposed of.
The court can grant interim bail based on the petitioner's medical condition, as evidenced by the medical status report and in accordance with the High Power Committee Guidelines.
The courts must consider the health conditions of the accused when deciding on interim bail applications, especially when medical reports indicate serious health issues.
The court's decision was based on the assessment of the petitioner's medical care in jail and the absence of urgency for his release on medical grounds.
Point of Law : Grant of bail on medical ground - Criminal breach of trust by public servant - Medical reports indicates that applicant had, in fact, suffered a cardiac attack in jail, Court deem it a....
The urgency and criticality of life-threatening medical conditions can warrant interim bail under Section 45 of PMLA, especially when specialized care is unavailable in judicial custody.
The court ruled that an applicant may be granted interim bail on medical grounds if serious health issues are evidenced, alongside the inadequacy of treatment available in custody.
Bail on medical and humanitarian grounds – Merely because a person is an undertrial or even a convict, lodged in jail, this facet of right to life cannot be curtailed.
The discretion to grant bail on medical grounds should be exercised judiciously, guided by principles of law and after recording satisfaction that necessary circumstances exist warranting such a disc....
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