01Facts
The applicant was in custody from 8 July 2021 while facing trial in an FIR registered under Sections 147, 148, 149, 302, 307, 120B and 34 of the Indian Penal Code, 1860, and Sections 25 and 27 of the Arms Act, 1959.
p. 1He sought interim bail on medical grounds, relying on records concerning pain in the testicular region and right hand, and a referral to GTB Hospital for abdominal pain and rectal bleeding.
p. 2His regular bail application was listed for hearing on 18 November 2026.
p. 1Despite directions issued on 16 October and 2 November 2026, the Jail Authorities had not filed the directed medical report and records; the Court therefore considered the material placed by the applicant.
p. 202Issues
i.Whether the applicant’s medical circumstances justified interim bail pending consideration of his regular bail application.
pp. 2–3ii.If so, on what terms interim release should be granted.
p. 303Law Applied
The Court relied on Mukesh Kishanpuria v. State of West Bengal, (2010) 15 SCC 154, for the principle that the power to grant regular bail includes the power to grant interim bail pending its final determination, particularly in light of Article 21 of the Constitution.
p. 2It also relied on Arvind Kejriwal v. Directorate of Enforcement, (2024) 9 SCC 577, drawing on Athar Pervez v. State (NCT of Delhi), 2016 SCC OnLine Del 6662, for the proposition that interim bail may be granted in compelling circumstances even where regular bail is not warranted, including where temporary release is justified by intolerable suffering in the particular facts.
p. 3Provisions in the judgment · 8 · Linked ones open on LawLens
Indian Penal Code, 1860 Section 147Section 148Section 149Section 302Section 307Section 34
Arms Act, 1959 Section 25Section 27
04Reasoning
The Court considered the medical material, including the reported symptoms and hospital referral, and noted that the Jail Authorities had not complied with its directions to provide a medical report and relevant records.
pp. 2–3In the absence of that information, it assessed the application on the material submitted by the applicant. Applying the principles governing interim bail and considering the applicant’s medical status, the Court found grounds for temporary release pending the scheduled hearing of his regular bail application.
p. 305Holding
The Court allowed the application and released the applicant on interim bail until 18 November 2026, upon furnishing a personal bond of ₹25,000 with one surety for the like amount.
p. 3He was required to obtain examination and treatment at a government hospital and file the treatment records before the Trial Court by 17 November 2026; remain within the NCT of Delhi and refrain from contacting the complainant or any witness; and surrender to the Jail Superintendent on 19 November 2026, unless otherwise directed on 18 November 2026.
pp. 3–4The application was disposed of in those terms.
p. 4Original Court PDF
Istiyak @ Istiyak Kalia (In Jc)vsState (Govt. Of Nct) Of Delhi
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