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RAJNISH BHATNAGAR
Faraz Khan @ Babloo – Appellant
Versus
State GNCT of Delhi – Respondent
JUDGMENT
Rajnish Bhatnagar, J. (Oral)
1. The present petition has been filed under Section 439 Cr.P.C. seeking interim bail for a period of 60 days on medical ground in case FIR No. 514/2021 under Sections 21/25/29 NDPS Act Police Station Moti Nagar.
2. Learned counsel for the petitioner submitted that the petitioner is 40 years of age and has a history of serious medical conditions being Cardiovascular Concerns, severe heart conditions, Pancreatitis as well as Arthritis. He further submitted that though the petitioner has been regularly undergoing health checkups at government hospitals like DDU Hospital; G B Pant Institute of Post Graduate Medical Education and Research; V.M.M.C. & Safdarjung Hospital as well as in the Central Jail Hospital, Tihar, but the petitioner is not getting proper medical assistance from these hospitals. He further submitted that the petitioner has been prescribed with certain medications along with the consistent balanced diet and these are of utmost importance for recovering fully from the above said health ailments and for this purpose, the petitioner is required to be released on interim bail so that he can get the proper care and attention at his ho
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 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....
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....
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 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.
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