The courts must consider the health conditions of the accused when deciding on interim bail applications, especially when medical reports indicate serious health issues.

ORDER

[VIA VIDEO CONFERENCING]

1. The present petition has been filed on behalf of the petitioner seeking interim bail in case FIR No.436/2019 registered at Police Station Saket under Sections 420/467/468/471/120-B IPC.

2. It is submitted on behalf of the petitioner that investigation in the case is complete and charge sheet as well as supplementary charge sheet has already been filed by the Investigating Officer and the petitioner is no longer required for the investigation.

3. The present case came up before this Court on 2nd June, 2021 wherein it was noted that the Medical Report dated 31st May, 2021 received from the Jail Authorities in respect of the petitioner states that the petitioner is suffering from Bronchial Asthma, shortness of breath, Hypertension, Diabetes Mellitus Type II and Coronary Artery Diseases for which the petitioner has been provided treatment by the Jail Authorities, but the petitioner is still not making improvement. It is further recorded that the petitioner's case is covered under paragraphs 6 and 7 of the High Power Committee (HPC) Guidelines dated 4th May, 2021.

4. In terms of the said order the State was required to file a Status Report.

5. Status Report has been filed by the State wherein it is confirmed that the charge sheet has already been filed. But otherwise, on merits the grant of bail is opposed. Learned APP also submits that the case of the petitioner is not covered under the HPC Guidelines.

6. Taking into account the Medical Status Report dated 31st May, 2021 filed by the Jail Authorities, wherein it has been stated that the petitioner is suffering from Bronchial Asthma, shortness of breath, Hypertension, Diabetes Mellitus Type II and Coronary Artery Diseases and despite treatment there is no improvement in his medical symptoms, I am inclined to grant interim bail to the petitioner for a period of 30 days subject to the following conditions:

(i) Furnishing a personal bond in the sum of Rs.50,000 with one surety bond of the like amount subject to the satisfaction of the Learned Duty Magistrate/Superintendent Jail;

(ii) During the period of grant of interim bail the petitioner will keep his mobile phone in active mode at all times and will not influence the witnesses in any manner directly or indirectly;

(iii) He will not leave the jurisdiction of Delhi/NCR; and,

(iv) He will report once in a week, every Monday to the SHO of Saket Police Station.

7. The petition is disposed of.