Compliance with bail conditions and the need for supporting evidence in seeking an extension of interim bail based on medical grounds.

JUDGMENT

Talwant Singh, J. - The petitioner has filed the present petition for extension of interim bail, which is expiring on 18.05.2022. The petitioner was released on interim bail vide order dated 06.04.2022 in bail application No. 904/2022 passed by a Coordinate Bench of this Court. The said order reads as under:

'1. The petitioner is seeking grant of interim bail on the ground the petitioner is suffering from chronic ligament rapture of left knee with ACL graphed (Articular Cartilage in Lateral Tibia Femoral Condyles) repulse.

2. It is stated the applicant is suffering with acute pain and is not able to walk or sit properly and now he has been advised for reconstruction of the same.

3. It is also stated earlier the petitioner had undergone the above surgery about 12 years ago at Action Balaji Hospital, Paschim Vihar, Delhi but the said problem has reoccurred and now the surgery is scheduled for 07.04.2022.

4. It is stated he would require an extensive post operative care which includes proper nourishment, diet and complete bed rest for about 3-4 weeks.

5. Admittedly, the petitioner has been on bail earlier on occasions also, one of which is vide order dated 23.06.2020 in Bail Application no.1071/2020 of this court and hence in the circumstances stated above, the petitioner is admitted to interim bail for a period of six weeks from the date of his release on his furnishing a bail bond in the sum of Rs.50,000/- with two sureties of the like amount to the satisfaction of the trial court subject to the following conditions:-

i. Petitioner shall surrender his passport to the IO, if not already done so, and shall reside only within the territorial limits/ jurisdiction of Delhi; and

ii. during the period of interim bail, Petitioner shall report to concerned SHO on every alternate day; and

iii. Petitioner shall not approach any witnesses or threaten them or try to hamper with the evidence so as to create impediment to the holding of the fair trial. In case, there is slightest effort on the part of the accused to misuse the liberty, the prosecution shall file an application in this court immediately for the cancellation of his interim bail; and

iv. Petitioner shall also not interact with any person other than his family members or doctors and his known, either directly or on mobile phone or any other mode of communication; and

v. petitioner shall provide his as well as the sureties mobile numbers to the IO / SHO concerned; and

vi. Petitioner shall also inform the IO/SHO concerned of the medical condition of the wife from time to time.

6. Petition is allowed and disposed of. Pending application, if any, also stands disposed of.

7. Order dasti.'

2. The ground for extension of bail is that he was suffering from Chronic Ligament Rapture of left knee with ACL graphed (Articular Cartilage in Lateral Tibia Femoral Condyles) repulse, the applicant was having acute pain and was not able to walk or sit properly and he had been advised an operation. The petitioner was granted interim bail by this Hon'ble Court and on his release the petitioner has reported for surgery. However, he was found to be having tenderness and acute pain for which he was prescribed treatment and then on 07.05.2022, the petitioner has undergone requisite PAC test and thereafter his surgery was performed on 08.05.2022 and his left knee has been put under bandage/plaster and he requires complete bed rest for about 8 weeks. The relevant medical certificates are stated to be annexed.

3. Notice was issued. Status report has been submitted by the prosecution. Copy supplied.

4. The status report mentioned that on 23.03.2022, the present petitioner had moved bail application No. 904/2022 before this Court on the ground that he was suffering from chronic ligament rapture of left knee with ACL graphed (Articular Cartilage in Lateral Tibia Femoral Condyles) repulse and has been advised for reconstruction of the same. The petitioner had earlier undergone the said surgery 12 years ago. The surgery