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2026 Supreme(Online)(MP) 3403

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
Milind Ramesh Phadke, J
Upendra Jadon – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MISC. CRIMINAL CASE No. 9864 of 2026



Advocates:
For the Appellants/Petitioners: Upendra Jadon
For the Respondents: Jai Prakash Bhargava

Interim bail may be extended on humanitarian grounds and medical exigencies of a family member, provided the petitioner has not misused the liberty previously granted by the court.

Headnote:The petitioner filed a petition under S. 482 of the Code of Criminal Procedure seeking extension of interim bail. The petitioner is implicated in a crime involving offences under S. 302, 201, 34, and 120-B of the Indian Penal Code and S. 25 and 27 of the Arms Act. The court found that the petitioner's wife requires urgent medical attention and hospitalization, making the petitioner's presence indispensable. The primary issue is whether the interim bail should be extended based on medical exigencies. The court reasoned that the prayer for extension deserves to be allowed in the interest of justice, noting that there was no allegation of misuse of the liberty previously granted to the petitioner. Accordingly, the petition is allowed.

ORDER

Today, due to call of High Court Bar Association, Gwalior, Advocates are abstaining from court work.

This petition under Section 482 of Cr.P.C. has been filed by the petitioner seeking extension of time of interim bail granted in favour of the petitioner vide order dated 30.01.2026 passed in M.Cr.C. No.4903/2026.

The petitioner submits that he has been implicated in Crime No. 263/2025 registered at Police Station Vishwavidyalaya, District Gwalior, for the offences punishable under Sections 302, 201, 34 and 120-B of the Indian Penal Code, along with Sections 25 and 27 of the Arms Act. The petitioner had preferred an application under Section 439 of the Code of Criminal Procedure before this Hon’ble Court, and upon hearing dated 30.01.2026, this Hon’ble Court was pleased to allow the said application and grant the applicant the benefit of interim bail for a period of one month.

It is submitted that subsequent to his release on interim bail, the applicant utilized the liberty granted by this Hon’ble Court solely for bona fide and humanitarian purposes. The petitioner took his wife for medical consultation at AIIMS, Bhopal on 23.02.2026, where, upon examination, the attending doctors advised her immediate hospitalization in view of her medical condition. However, owing to the non-availability of a vacant bed at the said hospital, she could not be admitted and was directed to report again on 27.02.2026 for further medical management and possible admission.

It is submitted that the presence of the petitioner is indispensable for the medical care, assistance, and support of his wife, particularly in light of her deteriorating health condition and the requirement of hospitalization. The interim bail granted by this Hon’ble Court is expiring on 04.03.2026, and in the absence of an extension, the petitioner would be unable to ensure proper medical treatment and necessary arrangements for his wife.

The petitioner further submits that he has faithfully complied with each and every condition imposed by this Hon’ble Court while granting interim bail. There has been no misuse of liberty, nor the petitioner in any manner has attempted to interfere with the course of justice. His conduct during the period of interim bail has remained impeccable and in complete adherence to the directions of this Hon’ble Court. In these circumstances, it is just, proper, and in the interest of justice that the interim bail granted to the petitioner vide order dated 30.01.2026 be extended for a further period of one month, so as to enable the applicant to attend to the urgent medical needs of his wife.

Having considered the submissions made and taking into account the medical exigency pleaded on behalf of the petitioner, coupled with the fact that there is no allegation of misuse of the liberty granted to him, this Court is of the opinion that the prayer for extension of interim bail deserves to be allowed in the interest of justice.

Accordingly, the petition is allowed. The period of interim bail granted to the petitioner vide order dated 30.01.2026 passed in M.Cr.C. No. 4903/2026 is hereby extended for a further period of one month from 05.03.2026 to 05.04.2026 on the same terms and conditions as imposed earlier.

The petitioner shall surrender before the concerned Court on 06.04.2026. The surrender report shall be forwarded by the concerned Court to the Office of this Court for information.

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