The main legal point established is that a petitioner, even with serious medical conditions, may not be granted bail on medical grounds if they can receive necessary treatment in custody and there is a risk of tampering with prosecution evidence.

JUDGMENT :

1. Petitioner through the medium of this petition filed in terms of Section 439 CrPC seeks grant of bail on medial ground in a case titled “UT of J&K through CBI vs Dr. Karnail Singh”, arising out of FIR/Crime No. RC0042022A0008 under Section 120-B read with Sections 201, 408, 411 & 420 IPC.

2. It has been asserted that the petitioner has been arraigned as accused in a case which is pending trial before learned Chief Judicial Magistrate, Jammu; that the petitioner had moved an application before the Court of Principal Sessions Judge, Jammu, which was rejected by him vide order dated 14.07.2023; that after rejection of his bail by the trial Court, the petitioner moved another application for grant of bail under section 439 CrPC before the Court of learned Principal Sessions Judge, Jammu, which was objected to by the prosecution, however, during the course of hearing of the said bail application, the petitioner sought his enlargement on short-term bail having regard to his health status so that the petitioner is in a position to get himself treated and become fit enough to face the trial; that the Court of Principal Sessions Judge Jammu after taking into consideration the medical complications being faced by the petitioner and keeping in view of the exception carved out to Section 437 CrPC, ordered release of the petitioner on bail for a period of one month i.e. till 15.07.2023 vide order dated 16.06.2023 and the petitioner was directed to surrender to the custody of concerned jail after expiry of short-term bail on 15.07.2023 at 5:00 pm.

3. The petitioner has further pleaded that soon after his release on short-term bail, the petitioner got him medically examined for different diseases and that he was diagnosed, with Major Depressive Disorder at Psychiatric Diseases Hospital, Jammu, with lower backache with radiculopathy by the Orthopedic at Government Medical College Jammu on 26.06.2023, with liver Cirrhosis with Hemorrhoids Grade-II with Irritable Bowel Syndrome at the Medicine Department of Government Medical College Jammu on 04.07.2023 and with severe hypertension with Acute Chest Pain by the Cardiology Department at Government Super Specialty Hospital, Jammu on 01.07.2023.

4. It was next pleaded that based upon aforesaid serious medical condition of the petitioner as demonstrated in the medical records, he preferred an application seeking extension of short-term bail on 08.07.2023 before the Court of Principal Sessions Judge, Jammu, however, the same was rejected vide order dated 15.07.2023. It is alleged that the Court below had failed to take into consideration the serious medical conditions and co-morbidities with which the petitioner has been suffering and rejected on such grounds which are not legally tenable; that after his surrender, the petitioner has been suffering due to stopping of treatment and his problems have been aggravated and he had been hospitalized within the jail premises on 15.07.2023 itself. Therefore, the petitioner approached this Court with this application with the prayer that he be admitted to bail on medical grounds at least for a period of two months on such terms and conditions as are found just and proper.

5. Pursuant to notice, the respondents filed reply/objections to the bail application asserting therein that this Court had already rejected the bail application vide order dated 15.03.2023 on similar grounds, as such, this petition is not maintainable, without any change in the facts and circumstances of the case; that the petitioner can and is being provided all the medicare required for his health in custody; that the petitioner had already been granted short-term interim bail for one month by the Sessions Court Jammu vide order dated 16.06.2023, however, during this period the petitioner did not suffer any serious ailment; that the petitioner is a highly influential and is also involved in grave offences having repercussions for the careers and aspirations of millions of you