Courts may grant interim bail on compelling medical grounds even when regular bail is unwarranted.

The petitioner sought 30 days’ interim bail on medical grounds while his regular-bail application in an NDPS case remained pending. He suffered from bilateral inguinal hernia and gall bladder stone, for which surgery had been advised, as well as Type 2 diabetes, hypertension and diminishing vision. Jail medical records noted recurring pain and repeated referrals to DDU Hospital for pre-operative assessment and investigations, but the surgery remained unscheduled.

The regular-bail application was listed separately for 27 October 2026; the High Court considered only the interim-bail application.

Whether the petitioner’s medical condition and the delay in arranging advised surgery justified interim bail pending consideration of his regular-bail application.

If interim bail were warranted, what conditions should govern the petitioner’s temporary release.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure, 1973), provides the bail jurisdiction invoked by the petitioner.

In Mukesh Kishanpuria v. State of West Bengal, (2010) 15 SCC 154, the Supreme Court recognised that the power to grant regular bail includes the power to grant interim bail pending the final decision on a bail application, particularly in light of Article 21 of the Constitution.

In Arvind Kejriwal v. Directorate of Enforcement, (2024) 9 SCC 577, the Supreme Court reproduced Athar Pervez v. State (NCT of Delhi), 2016 SCC OnLine Del 6662, which recognises that interim bail may be granted on compelling grounds, including intolerable suffering, even where regular bail is not justified.

The medical material showed that surgery had been advised nearly a year earlier, yet remained unscheduled, while the petitioner’s hernia had become distended and painful and he had made repeated complaints of severe pain.

Applying the principles governing interim bail and considering the petitioner’s medical circumstances, the Court found temporary release justified to enable him to undergo the advised surgery and treatment.

It limited the release to that medical purpose and imposed conditions addressing residence, monitoring, non-interference with the case and surrender.

Release was subject to conditions, including undergoing the advised surgery and treatment at DDU Hospital, providing medical records on surrender, complying with travel and reporting requirements, avoiding criminal activity or interference with evidence, and surrendering to the Jail Superintendent on expiry of bail.

The Court clarified that its observations did not affect the merits of the pending regular-bail application or the trial.