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2025 Supreme(Del) 205
IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Sharma, J.
Paras @ Bharat - Petitioner
Versus
Narcotics Control Bureau - Respondent
CRL. M.C. 2117 of 2025 & CRL. M.A. 9523 of 2025
Decided On : 02-04-2025
For the Petitioner: Mr. Aditya Aggarwal, Mr. Naveen Kumar & Mr. Kunal Dureja, Advs.
For the Respondent: Mr. Arun Khantri, SSC for NCB with Ms. Poonam Rani & Ms. Shelly Dixit, Advs.
Interim bail may be granted on medical grounds when the petitioner suffers from serious health conditions requiring immediate medical attention.
Headnote:(A) NDPS Act - Sections 8
(C), 22
(C), 28, 29 - BNSS - Section 528 - Petition for interim bail on medical grounds - The petitioner, suffering from multiple health issues including Acute Appendicitis and Type-II Diabetes Mellitus, was denied interim bail by the Trial Court - The Court granted interim bail until the next hearing, subject to conditions including a personal bond and restrictions on leaving the country. (Paras 2, 5, 6)
(B) Medical Examination - The necessity for a Medical Board's examination was emphasized due to the petitioner's serious health conditions, necessitating surgical intervention and special care. (Paras 3, 7)
Facts of the case:
The petitioner sought to set aside the Trial Court's order denying interim bail on medical grounds, citing severe health issues requiring surgical intervention. The medical report indicated critical conditions necessitating immediate attention.
Findings of Court:
The Court found it appropriate to grant interim bail considering the petitioner's health conditions, ensuring he remains under the jurisdiction of the Trial Court.
Issues: The main issues included the justification for denying interim bail based on medical grounds and the necessity of a Medical Board's examination.
Ratio Decidendi: The Court ruled that given the petitioner's serious health issues, interim bail was warranted to ensure proper medical treatment and care, emphasizing the importance of health in judicial considerations.
Result: Interim bail granted until the next hearing.
ORDER :
1. This hearing has been done through hybrid mode.
2. The present petition under Section 528 of the BNSS/Section 482 of the Cr.P.C. seeks the following prayers:-
“a. Allow the present petition and may set aside the order dated 25.03.2025 passed by Ld. Trial Court in case titled as NCB vs. Paras @ Bharat in the Interim bail of the Petitioner in 10 NCB Case No. VIII/26/DZU/24 registered at NCB under Section 8(C)/22(C)/28/ 29 OF NDPS ACT and section 223 of BNSS.
b. Any other relief which this Hon’ble Court may deem fit be given to the applicant under the facts and circumstances of the case and in the interest of justice.”
3. Learned counsel for the petitioner submits that vide order dated 25.03.2025 the learned Trial Court has constituted a Medical Board in Safdarjung Hospital for examining the present petitioner. The grievance of the petitioner is that the interim bail on medical grounds was not granted by the learned Trial Court. Medical report dated 01.04.2025 with regard to the condition of the petitioner has been received from the concerned Jail Superintendent wherein it is recorded as under:-
“While admitted, on 01/04/2025 inmate patient was reviewed by jail visiting Medicine SR wherein he gave alleged history of Type-II Diabetes Mellitus/ Acute Appendicitis/ Right renal Calculi, on examination random blood sugar found on higher side (242mg/dl), prescribed treatment and review accordingly.
Inmate patient is suffering from Acute Appendicitis (7.4mm) and he is a follow-up case of Type-II Diabetes Mellitus (on insulin), Hepatomegaly, Grade-l Fatty Liver with complaint of pain in right flank, recurrent vomiting, not able to pass stool, dysuria, burning micturition with history of hematuria with history of 6mm calculus seen in right mid ureter with Grade-l Hydroureteronephrosis, with advice of right DJ stenting under General Anesthesia (at PGIMS, Rohtak).
At present inmate patient is kept admitted at Ml room CJ-04 Dispensary in view of severe abdomen pain and recurrent vomiting, not able to pass stool, burning micturition with diagnosed case of Acute Appendicitis (7.4mm), for which the patient required surgical intervention and also as being of patient of uncontrolled Diabetic, inmate patient needs extra care during surgery and post operative care.”
4. Learned counsel appearing on behalf of the respondent submits that he has no instructions as of now regarding the date fixed before the Medical Board.
5. In these circumstances, this Court deems fit to grant interim bail to the present petitioner till the next date of hearing i.e. 16.04.2025, on his furnishing a personal bond of Rs. 50,000/- with one surety of like amount, to the satisfaction of the learned Trial Court/Link Court, further subject to following conditions:
i. The petitioner shall not leave India without prior permission of the learned Trial Court.
ii. The petitioner shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address.
iii. The petitioner shall appear before the learned Trial Court as and when the matter is taken up for hearing.
iv. The petitioner is directed to give his mobile number to the Investigating Officer and keep it operational at all times.
v. The petitioner shall not, directly or indirectly, tamper with evidence or try to influence the witness in any manner.
6. The Investigating Officer of the present case shall coordinate with Safdarjung Hospital and inform the petitioner regarding the hearing of the Medical Board. The petitioner shall appear before the said board with all the documents on the date so fixed. The petitioner shall be available on Mobile Number 7419041924. After examination of the applicant, a report be submitted before this Court on the next date of hearing.
7. In the meantime, if surgery is required, the same shall be conducted by the concerned Hospital.
8. List on 16.04.2025.
9. Copy of the order be sent to the concerned Jail Superintendent for necessary informati
