Courts may grant interim bail on humanitarian grounds to care for a mother-in-law undergoing major surgery.

The applicant, Seema, sought interim bail for 45 days under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), in FIR No. 0276/2024 registered at Police Station Bindapur, Dwarka, under Sections 302/120B/34 of the Indian Penal Code, 1860 (“IPC”).

The connected sessions case was pending before the Additional Sessions Judge-05, South-West District, Dwarka, at the stage of prosecution evidence.

Her earlier interim bail application had been dismissed by the Trial Court on 2 July 2026.

The applicant sought interim bail on humanitarian grounds because her mother-in-law, Mrs. Birma Devi, was suffering from severe bilateral osteoarthritis and was scheduled for hospital admission on 28 September 2026 and surgery on 30 September 2026.

The applicant’s husband was also in custody, although the complainant submitted that other family members could assist the mother-in-law.

1. Whether the applicant should be granted interim bail on humanitarian grounds to care for her mother-in-law before and after her scheduled major surgery.

2. If interim bail is granted, what safeguards and conditions should govern the applicant’s temporary release.

The Court applied Section 483 of the BNSS, which empowers the High Court to grant bail, including interim bail, in appropriate cases.

The underlying prosecution arose from allegations under Sections 302, 120B and 34 of the IPC, concerning murder, criminal conspiracy and acts done in furtherance of common intention.

The Court considered the established principle that interim bail may be granted on humanitarian grounds where compelling and verified circumstances justify temporary release, while protecting the integrity of the criminal proceedings through appropriate conditions.

The Court found that the medical condition and scheduled surgery of the applicant’s mother-in-law were supported by medical documents and had been verified by the Investigating Officer.

Although other family members might have been available, the Court considered the fact that the applicant’s husband was also in custody and accepted the applicant’s categorical assertion that her presence was required to care for her mother-in-law.

These circumstances were held sufficient to constitute a fit case for interim bail on humanitarian grounds.

To balance the applicant’s temporary liberty against the interests of the prosecution and complainant, the Court imposed conditions prohibiting criminal activity, contact with the deceased’s family, evidence-tampering, threats or inducements; requiring communication details and residential-address disclosure; restricting travel outside the NCT of Delhi; and mandating surrender upon expiry of the interim period.

The release was made subject to the conditions specified in the order, including surrender before the concerned jail on or before 19 October 2026 and production of the mother-in-law’s medical records before the Trial Court.

The Court expressly clarified that no further extension of interim bail would be granted.

The application and pending miscellaneous application were accordingly disposed of.