SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Del) 1371

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

Advocates appeared:
Aashish K, Advocate, Manjeet Arya, Advocate, Ranbir Singh, Advocate, Saket, Advocate

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.

Headnote:

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.

          Click Here to Read the rest of this document
          1
          2
          3
          4
          5
          6
          7
          8
          9
          10
          11
          SupremeToday Portrait Ad
          supreme today icon
          logo-black

          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

          Please visit our Training & Support
          Center or Contact Us for assistance

          qr

          Scan Me!

          India’s Legal research and Law Firm App, Download now!

          For Daily Legal Updates, Join us on :

          whatsapp-icon Back to top