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AMIT BANSAL
Randhir Kapoor – Appellant
Versus
State – Respondent
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 bee
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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