In a recent ruling, the Delhi High Court addressed an interim bail application in the case of State v. [Applicant’s Name]. The court deliberated on the necessity of the applicant undergoing surgery for High Radial Nerve Paralysis and the implications of granting bail during an ongoing trial. Find out more about the court’s decision and its impact on the applicant’s medical treatment and legal proceedings.
Facts
- The applicant, who is suffering from acute pain in his wrist diagnosed as ‘High Radial Nerve Paralysis’ requiring a ‘modified jones tendon transfer,’ is scheduled for surgery on 14.05.2024 at St. Stephen’s Hospital, Delhi.
- Post-surgery care includes plaster immobilization for six weeks and at least four weeks of physiotherapy at the hospital.
- The medical superintendent of St. Stephen’s Hospital has recommended a hospital admission for four days for the surgery.
- The applicant’s counsel seeks interim bail on medical grounds citing the seriousness of his illness, prolonged custody period of over 2 years and 10 months, clean antecedents, and delay in trial not attributed to the applicant.
- The applicant, arrested in June 2021, is now 23 years old and faces charges under Sections 302/120B/34/201 of the IPC, with eye-witnesses yet to be examined before the trial court.
Arguments
- Medical procedure can be performed while the applicant is in custody.
- Principles argued by the applicant’s counsel are valid but not applicable to this case.
- Enlarging the applicant on bail may pose a threat to witnesses yet to be examined.
Analysis
- The allegations against the applicant are serious.
- The applicant is receiving regular medical treatment and is well taken care of while in custody.
- The application is for interim bail, not regular bail.
- Interim bail is sought for a non-emergency, elective surgery on the applicant’s wrist, related to a 3-year-old injury.
- Two eye-witnesses are yet to be examined in the case.
- The applicant seems to be confusing the nature of the bail being sought.
- There is no indication that the applicant needs to generate funds for the surgery or that his safety is at risk if the surgery is done while in custody.
- In a recent verdict, the court referenced a case where interim bail was granted by the Allahabad High Court based on medical grounds.
- The court noted that the High Court did not find the treatment provided by the prison administration inadequate or that the accused required treatment from a specific medical institution.
- Applying the same principle to the present case, the court found no valid, credible medical or other grounds for interim bail.
- The present application was dismissed, but the applicant was directed to St. Stephen’s Hospital for surgery on 13.05.2024 and post-operative care per doctor’s advice.
- Steps were instructed to ensure the applicant’s well-being and prevent post-operative complications.
Case Title: ANKIT Vs. THE STATE (2024:DHC:3724)
Case Number: BAIL APPLN.-3358/2023
