The period of interim bail does not count towards the detention period for statutory bail eligibility under the BNSS.

JUDGMENT :

PRATEEK JALAN, J.

1. By way of this petition, under Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [“ BNS S ”], (corresponding to Section 439 of the Criminal Procedure Code 1973 [“CrPC”]), the petitioner seeks interim bail in connection with FIR No. 652/2025, registered at Police Station Punjabi Bagh, under Section 103 (1) the Bharatiya Nyaya Sanhita, 2023 [“ ”], and Sections 25 /27 of the Arms Act, 1959 [“Arms Act]”.

A. FACTUAL BACKGROUND

2. The FIR relates to allegations against the applicant in respect of the murder of one Muskan, who was shot inside her residence on 15.11.2025, after she repeatedly refused to marry him despite his persistent pressure, and threats. It is further alleged that after shooting Muskan, the applicant also shot himself inside the same premises.

3. The applicant has been in judicial custody in connection with the said FIR since 21.11.2025.

4. The grounds on which interim bail is sought relates to his medical condition, including a gunshot injury on his chest and pulmonary tuberculosis, resulting in chronic pain, restricted mobility and related complications.

5. The Sessions Court vide order dated 18.12.2025, in Bail Application No. 2126/2025, granted interim bail to the applicant for a period of eight weeks on the basis of the medical status report, and relying upon the judgment of this Court in Vijay Aggarwal vs. Directorate of Enforcement , BAIL APPLN. No 1762/2022, decided on 13.12.2024., in which the claim for interim bail was traced to Article 21 of the Constitution.

6. The grievance of the petitioner, however, is that the Sessions Court had passed a further order dated 14.01.2026, upon an application filed by the Investigating Officer [“IO”] for cancellation of the interim bail granted to the applicant, by which the period of interim bail was reduced. The applicant was directed to surrender before the concerned Jail Superintendent on 16.01.2026, instead of 18.02.2026.

7. The order of the Sessions Court dated 14.01.2026 treated the application as one for modification of bail, and further recorded as follows:

“Submissions has been made that instant application be treated as an application seeking modification in the bail condition and not an application seeking cancellation of bail. The medical status report of accused Neeraj as per which he is found to be ambulatory and is being called by the Hospital concerned at the interval of two weeks. Moreover, as submitted by the IO that no investigation in the present case has taken place as the accused had suffered gunshot injury and that he intends to take police custody remand of the accused for the effective investigation. Therefore, this court is inclined to treat the instant application as the one seeking modification of condition imposed upon accused Neeraj which grant of interim bail on 18.12.2025.

It is settled law that this court has a larger duty towards the cause of justice which warrants that the liberty of the accused is to be protected while balancing it with the rights of the investigating agency. In the present case, since the investigation has not commenced at all for the medical health condition of the accused and the fact that he has been admitted to interim bail on medical ground for a period of eight weeks, commencing from 18.12.2025, which would eat up the major portion of the days on which IO may apply for grant of police custody remand of accused Neeraj. In the present scenario it is the right of the investigating agency which are being affected. Pertinently, accused Neeraj is no longer wheel chair bound.

Thus, conside