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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Zafar Khan Through Its Pairokar – Appellant
Versus
State of NCT of Delhi – Respondent
Bail Appln. 3007 of 2022
Decided On : 13-03-2023
BAIL APPLICATION - Extension of Interim Bail on Medical Grounds - The court extended the interim bail of the petitioner on medical grounds until the date fixed before the learned Trial Court, with the direction that the petitioner shall surrender on that date. The court also directed the jail authorities to provide necessary medical treatment to the petitioner after his surrender.
Fact of the Case:
The petitioner sought an extension of interim bail on medical grounds, stating the need for ongoing treatment in a specific hospital.
Finding of the Court:
The court found that the petitioner's presence would be required only on the date fixed before the learned Trial Court and directed the petitioner to surrender on that date. The court also directed the jail authorities to provide necessary medical treatment to the petitioner after his surrender.
Issues: Extension of interim bail on medical grounds and the petitioner's surrender before the learned Trial Court.
Ratio Decidendi: The court considered the necessity of the petitioner's presence before the learned Trial Court and the ongoing medical treatment, leading to the decision to extend the interim bail until the date fixed before the learned Trial Court.
Final Decision: The interim bail granted was extended on the same terms and conditions till the date fixed before the learned Trial Court, with the direction that the petitioner shall surrender on that date. The court also directed the jail authorities to provide necessary medical treatment to the petitioner after his surrender.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 2621/2023 in BAIL APPLN. 3007/2022
1. The present application has been moved seeking extension of interim bail on the medical grounds. The petitioner was admitted to interim bail for a period of six weeks by this Court vide order dated 18.11.2022. The interim bail thus granted was extended from time to time and now stands extended up to 14.03.2023.
2. Learned counsel for the petitioner submits that the petitioner has been called for the ongoing treatment in Majeedia Unani Hospital Hamdard Nagar, Delhi for 14.03.2023. He submits that the date fixed before the learned Trial Court is 11.04.2023 and therefore the interim bail may be extended till 11.04.2023.
3. Learned counsel for the petitioner undertakes on behalf of the petitioner that the petitioner shall surrender before the learned Trial Court on 11.04.2023. He also submits that even as per report from the Jail Authority, the threading facility is not available and in case the threading will be required, the petitioner will have to be taken to the hospital in custody by the jail authority.
4. Learned APP for the State has opposed further extension of interim bail on the ground that the interim bail has already been extended several times.
5. I consider that since the date before the learned Trial Court is fixed for 11.04.2023, the presence of the petitioner would be required only on that day and thereafter. It is also a matter of record that petitioner is still under treatment. Thus, the present application is disposed of with the direction that the petitioner shall surrender before the learned Trial Court on 11.04.2023.
6. The interim bail granted vide order dated 18.11.2022 is extended on the same terms and conditions till 11.04.2023. The petitioner shall surrender before the learned Trial Court on 11.04.2023. In case, the petitioner fails to surrender before the learned Trial Court on 11.04.2023, necessary coercive action shall be taken.
7. The jail authorities are directed to provide necessary medical treatment to the petitioner after his surrender on 11.04.2023.
8. With these observations the petition and all pending applications stand disposed of.
The court has the discretion to extend interim bail on medical grounds, considering the necessity of the petitioner's presence before the learned Trial Court and the ongoing medical treatment.
The court may grant an extension of interim bail on humanitarian grounds, subject to specified conditions and with a clear directive on further extensions.
The court may extend interim bail based on valid reasons such as the inability to undergo necessary medical procedures.
The court held that totality of circumstances should be considered when evaluating requests for extension of interim bail, particularly in cases involving medical emergencies.
The court established that serious medical conditions can warrant interim bail, emphasizing the necessity for adequate medical attention for incarcerated individuals.
The court granted interim bail based on the genuine medical grounds for the petitioner's mother's surgery, highlighting the principle of parity with previous bail decisions.
Extension of interim bail based on the serious ailment of a family member.
The court maintains strict adherence to undertakings given by counsel regarding the surrender of an appellant, while exercising discretionary power to grant a final, limited extension of interim bail....
The court denied interim bail due to lack of serious health issues as per medical reports, while ensuring the petitioner receives adequate medical treatment in custody.
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