DELHI HIGH COURT
DINESH KUMAR SHARMA
Babuji Sahu @ Fauji – Appellant
Versus
State (Govt. of NCT Delhi) – Respondent
| Table of Content |
|---|
| 1. petitioner's medical condition warrants interim bail. (Para 1 , 2 , 4 , 5 , 6) |
| 2. opposition to bail based on past behavior. (Para 3) |
| 3. conditions for granting interim bail. (Para 7) |
| 4. final order regarding the application. (Para 8 , 9) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Present bail application has been filed seeking interim bail on medical ground.
2. Learned counsel for the petitioner submits that the petitioner/accused is suffering from advance stage of piles due to which regular bleeding is taking place and the petitioner is suffering from intolerable pain. Learned counsel for the petitioner has also submitted that even in the report filed by the jail authorities, it is clear that the complainant is persisted with the medical issues. It has also been submitted that the earlier also the petitioner was granted interim bail by the learned Sessions Court and the same was not misused by the petitioner.
3. Learned Addl. P.P. for the State has opposed the present interim bail application. It has been submitted that earlier when the petitioner/accused was granted interim bail, he did not appear on the given date and thus NBW was said to be issued against the
The court established that serious medical conditions can warrant interim bail, emphasizing the necessity for adequate medical attention for incarcerated individuals.
The court may grant interim bail based on medical conditions and impose specific conditions to address any threat perception.
The court's decision was based on the assessment of the petitioner's medical care in jail and the absence of urgency for his release on medical grounds.
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 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.
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