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VIKAS MAHAJAN
Mohd. Sair – Appellant
Versus
State – Respondent
JUDGMENT
Vikas Mahajan, J. (Oral)
1. The present application has been filed seeking interim bail in FIR No. 121/2020 registered at P.S. Khyala under Sections 302/120 B/34 IPC on the ground that petitioner is suffering from certain medical conditions.
2. Notice in the application was issued on 18.05.2023 and medical report of the petitioner was requisitioned from the concerned jail authority.
3. The medical report dated 25.05.2023 issued by the Senior Medical Officer, Jail Dispensary, Central Jail No. 1, Tihar, New Delhi is on record.
4. Inviting attention of the court to the aforesaid medical report, the learned counsel for the petitioner submits that the petitioner is a known case of haemorrhoids with chronic fissure-in-ano and atypical chest pain and he has been advised surgery for the same.
5. Learned counsel appearing on behalf of the complainant opposes the interim bail on the ground that the complainant apprehends threat to his life from the petitioner.
6. He further submits that the Superintendent, Tihar Jail by virtue of an order dated 16.03.2022 had issued a punishment ticket against the petitioner for threatening the complainant by using the jail call facilities for
The court may grant interim bail based on medical conditions and impose specific conditions to address any threat perception.
The court established that serious medical conditions can warrant interim bail, emphasizing the necessity for adequate medical attention for incarcerated individuals.
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.
The court upheld that adequate medical treatment in custody is sufficient grounds to deny interim bail under Section 439 Cr.P.C.
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.
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.
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.
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