After TB Surgery Could Not Be Performed During Earlier Bail, Delhi HC Grants Patient 12-Week Interim Bail To Undergo Operation

In brief

The question

1. Whether the petitioner’s serious medical condition and advised surgery justified his temporary release on interim bail

The court held

The Court allowed the application and released the petitioner on interim bail for 12 weeks from the date of his release, on a personal bond of ₹25,000 with one surety for the like amount, to the satisfaction of the trial Court or Duty Magistrate.

It also directed

He was prohibited from leaving the NCT of Delhi or contacting or influencing prosecution witnesses, and was required to surrender to the jail authorities on expiry of the period.

He was also directed to report to the National Institute of Tuberculosis within one week of release, undergo the advised surgery and provide the hospital records to the Investigating Officer.

01Facts

The petitioner had been in custody since 11 January 2023 in FIR No. 11/2023, registered at Police Station Mangol Puri under Sections 365, 302, 394, 397, 201, 120B and 34 of the IPC

p. 1

The Court had previously granted him six weeks’ interim bail on medical grounds, after a medical report recorded pulmonary tuberculosis and advised surgery; the surgery was not performed during that release

pp. 1–2

On the present application, the State produced an updated medical status report.

pp. 3–4

The Court noted that the petitioner’s condition was serious and that the Thoracic Surgery Department of LRS Hospital had advised surgery.

pp. 3–4

02Issues

i.1. Whether the petitioner’s serious medical condition and advised surgery justified his temporary release on interim bail

pp. 4–5

ii.2. Whether interim bail should be granted subject to conditions intended to secure the petitioner’s return to custody and protect the prosecution’s case

p. 5

03Law Applied

Article 21 of the Constitution informs the Court’s power to grant interim bail; the Supreme Court in Mukesh Kishanpuria v. State of West Bengal, (2010) 15 SCC 154, observed that the power to grant regular bail includes the power to grant interim bail pending final disposal, and connected that power to Article 21.

p. 4

In Arvind Kejriwal v. Directorate of Enforcement, (2024) 9 SCC 577, relying on Athar Pervez v. State (NCT of Delhi), 2016 SCC OnLine Del 6662, the Supreme Court recognised interim bail as temporary release that may be granted in compelling circumstances even where regular bail is not justified; intolerable grief and suffering may warrant such release.

pp. 4–5

Provisions in the judgment · 6 · Linked ones open on LawLens

Indian Penal Code, 1860 Section 365 Section 302 Section 394 Section 397 Section 201 Section 34

04Reasoning

The Court treated the updated medical report, the seriousness of the petitioner’s condition and the specialist department’s advice for surgery as compelling medical circumstances warranting temporary release.

pp. 3–4

Applying the Article 21 principles and the authorities on interim bail, it concluded that the petitioner should be given an opportunity to undergo the advised treatment, while imposing restrictions on his movements and contact with prosecution witnesses and requiring his return to custody.

pp. 4–5

05Holding

p. 5

He was prohibited from leaving the NCT of Delhi or contacting or influencing prosecution witnesses, and was required to surrender to the jail authorities on expiry of the period.

p. 5

He was also directed to report to the National Institute of Tuberculosis within one week of release, undergo the advised surgery and provide the hospital records to the Investigating Officer.

p. 5

LawLens.Delhi High Court

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