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SWARANA KANTA SHARMA
Sandeep Pawar – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
JUDGMENT
Swarana Kanta Sharma, J. - The instant application under Section 439 of the Code of Criminal Procedure, 1973 (`Cr.P.C'), has been filed on behalf of the applicant/accused seeking grant of interim bail for 30 days in case FIR No. 445/2023 registered at Police Station Jahangirpuri, Delhi for offence punishable under Sections 302/120B of Indian Penal Code, 1860 (`IPC') and Sections 25/27 Arms Act, 1959.
2. Briefly stated, facts of the case are that the present FIR was registered on the complaint of the complainant who had stated that on 22.05.2023 at around 2:50 PM, when there was Shivling sthapna in Shiv Mandir near Meetha Kuan, Delhi, the applicant alongwith the co-accused persons had fired towards the deceased Bijender Yadav. The present applicant was arrested on 26.05.2023, and the chargesheet in this case was filed on 24.08.2023.
3. At this stage, the applicant/accused has preferred the present interim bail application on the medical grounds.
4. Learned Senior counsel for the applicant argues that the applicant was arrested on 25.05.2023 and since then, his health condition has started to deteriorate. It is argued that the applicant had complained of the same to the jail aut
Fundamental right of inmates to receive adequate healthcare
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....
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 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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