The court emphasized that bail can be granted under medical necessity but must ensure no threat to the survivor or her family.

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

CRL.M.(BAIL) 2161/2024

2. The present application has been filed by the Appellant under Section 389(1) of the CrPC read with Section 430(1) of the BNSS seeking interim suspension of sentence for a period of five months on medical grounds.

3. The Appellant has been convicted by the Trial Court for offences punishable under Sections 376 /363/366 of India Penal Code, 1860 (hereinafter ‘ IPC ’) read with Sections 5 (c)/6 of Protection Of Children from Sexual Offences Act, 2012 (hereinafter ‘POCSO Act’). The Appellant vide order on sentence dated 20th December, 2019, has been sentenced to life imprisonment for the remainder of life along with a fine of Rs. 25,00,000/- and an additional compensation of Rs. 10,00,000/- to be paid to the mother of the survivor.

4. Vide order dated 5th December, 2024, the Appellant was released on interim bail, in view of various medical issues that were reported. The Court had perused the medical status report dated 25th November, 2024 filed by the Office of Senior Medical Officer, Central Jail No. 3, Tihar Jail, New Delhi and had directed as under:-

“15. Considering the aforesaid position of law, the history of this case as also the medical condition of the Appellant and the totality of facts and circumstances of the present case, the present application is partly allowed and the Appellant/Applicant is directed to be released on interim bail, till the next date of hearing, on his furnishing a personal bond in the sum of Rs.50,000/- along with one surety of the like amount to the satisfaction of the concerned Jail Superintendent, subject to the further following conditions: -

i) The Appellant/Applicant shall be admitted to AIIMS, New Delhi on the next day of his release for a comprehensive review of his medical condition and the Medical Superintendent, AIIMS, New Delhi shall enable his admission. The medical report which is extracted above shall be handed over to the Medical Superintendent, AIIMS, New Delhi and the Medical Board from various departments shall examine the Appellant and submit a report to this Court on the future course of treatment;

ii) The Board shall also opine as to whether all his treatments can be administered in AIIMS, New Delhi and if so, within what period.

iii) Initially, the Appellant shall be admitted in AIIMS, New Delhi for at least a period of 3 to 4 days so that the Medical Board can have a comprehensive evaluation;

iv) Upon the advice of the treating Doctors, if the Appellant is to be discharged from the hospital, he shall remain in an identified premises and shall not contact the survivor, her family or any other person including lawyers connected with this case in any manner whatsoever;

v) The Appellant shall remain in touch with the local CBI officer, who is going to be deputed by the CBI pursuant to this order and his number shall be provided to the survivor as also to the Appellant. The local CBI officer shall be in touch with the Medical Board of AIIMS so as to monitor the treatment of the Appellant on daily basis;

vi) The Appellant shall provide his residential address to the concerned CBI officer where he would be residing;

vii) The Appellant shall not leave Delhi or change his residence without prior permission of this Court;

viii) The Appellant shall provide his mobile number to the CBI official and intimate about any change;”

5. As can be seen from the above order, the Appellant was directed to be examined by the Medical Board at AIIMS so that all the medical issues of the Appellant could be attended to and the exact status of his medical condition could be ascertained.

6. The report from the AIIMS dated 17th December, 2024 has been received. The same would reveal that clinical