Back
SUBRAMONIUM PRASAD
Himanshu Dabas – Appellant
Versus
State, Govt Of NCT Of Delhi & Anr – Respondent
JUDGMENT
Subramonium Prasad, J. - This petition under Section 439(2) read with Section 482 CrPC has been filed by the petitioner/complainant challenging the bail on medical grounds granted to the respondent No.2 by order dated 05.01.2021 passed by learned Additional Sessions Judge, North West, Rohini Courts, Delhi in FIR No. 452/2017 dated 29.12.2017 registered at Police Station Kanjhawala under Sections 302, 207,201,120B and 34 IPC and Sections 25/27 Arms Act.
2. Even though the respondent No.2 has been asked to surrender as directed by order dated 05.01.2021 and in fact the revision has become infructuous, this Court is constrained to dwell further in the matter due to the sketchy medical reports given by the jail authorities at the time of granting bail.
3. It is found that that the medical reports which are filed by the Jail Superintendants are not clear and the medical terms which are used are not easily decipherable by Judges. The Reports do not bring out the correct picture and sketchy and incomplete reports are given by hospitals/doctors which are being used for grant of bail or extension of bail.
4. Material on record in the case discloses that the respondent No.2 approached t
The main legal point established in the judgment is the importance of explicit and unambiguous medical documentation for judicial consideration in bail applications on medical grounds.
Clarity in medical reports is essential for granting bail on medical grounds; ambiguous documents may lead to allegations of fabricating evidence.
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.
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....
The main legal point established is that a person who is sick or infirm, as defined under Section 45 of the PMLA, may be entitled to seek bail based on their medical condition.
The main legal point established in the judgment is that bail is the rule and jail is an exception, especially in cases where there is delay in concluding the trial and no conclusive evidence connect....
The court ruled that interim bail on medical grounds is warranted when an inmate's health condition requires specialized treatment not available in jail.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
