Case at a Glance
An undertrial in a murder and attempt-to-murder case, in custody since July 2021, sought interim bail on medical grounds while his regular bail plea was pending. He alleged assault by a co-inmate and had been referred to GTB Hospital for abdominal pain and rectal bleeding. Twice the High Court directed the Jail Superintendent to file a medical status report, and twice it was not filed. Holding that the power to grant regular bail includes the power to grant interim bail, the Court released him on interim bail until 18 November 2026 for treatment at a government hospital.
The petitioner is facing trial in FIR No. 624/2020, P.S. Mayur Vihar, under Sections 147, 148, 149, 302, 307, 120B and 34 IPC and Sections 25 and 27 of the Arms Act, and has been in Central Jail No. 12 since 8 July 2021. He alleged physical assault by a co-inmate, after which he visited the jail OPD on 31 August 2026. On 19 September 2026 he was referred to the Department of Surgery at GTB Hospital for abdominal pain and rectal bleeding, as recorded in a medical status report of 29 September 2026.
The High Court directed the Jail Superintendent to file a report on his medical condition on 16 October 2026 and again on 2 November 2026; the Court noted the directions had not been complied with. It therefore decided the interim application on the material the petitioner had placed on record. His regular bail application was listed for 18 November 2026.
The Key Question Before the Court
Can a High Court hearing a regular bail application grant interim bail on medical grounds while that application is pending?
Interim Bail Is Part of the Power to Grant Bail
Relying on Mukesh Kishanpuria v. State of West Bengal, (2010) 05 SC CK 0011, the Court held that the power to grant regular bail includes the power to grant interim bail, which is inherent in the power to grant bail and linked to Article 21; it quoted the principle that “a person should not be compelled to go to jail if he can establish prima facie” his case for relief. It also relied on Arvind Kejriwal v. Directorate of Enforcement, (2024) 07 SC CK 0035, which drew on Athar Pervez v. State (NCT) of Delhi to describe interim bail as temporary release that may be granted in compelling circumstances — “Intolerable grief and suffering in the given facts, may justify temporary release”.
Having regard to the jail’s own medical status report of 29 September 2026, and in the absence of the reports it had called for, the Court granted interim release. The conditions were tailored to the purpose: the petitioner must be examined and treated at a government hospital, file the treatment records before the trial court, stay within Delhi, keep away from the complainant and witnesses, and surrender on 19 November 2026 unless otherwise directed.
What the Court Actually Held
- The power to grant regular bail includes an inherent power to grant interim bail pending its disposal.
- Interim bail on medical grounds was granted until 18 November 2026 on a personal bond of ₹25,000 with one surety of the like amount.
- The petitioner must get treated at a government hospital and file treatment records before the trial court by 17 November 2026.
- He must not leave the NCT of Delhi or contact the complainant or witnesses, and must surrender on 19 November 2026 unless otherwise directed.
Why This Judgment Matters
- It confirms that undertrials need not wait for the final bail hearing when urgent medical needs are shown.
- It signals that non-compliance by jail authorities with court directions can weigh in favour of the prisoner.
- It links temporary release for treatment to the right to life under Article 21.
What Should Advocates Take Away From the Judgment?
For Undertrials and Families
- Interim bail for treatment can be sought even while the regular bail application is pending.
- Jail medical records and hospital referrals are the key evidence.
- Interim bail is time-bound; surrender on the fixed date is essential.
For Counsel
- Cite Mukesh Kishanpuria for the inherent power to grant interim bail.
- Place the jail’s own medical status reports on record; ask the court to call for updated reports.
- Propose conditions linked to treatment, such as filing hospital records.
Key Takeaways
- Undertrial in custody since 2021 granted interim bail for medical treatment.
- Jail failed to file the medical report despite two directions.
- Interim bail is inherent in the power to grant regular bail.
- Release is time-bound with treatment and surrender conditions.
Frequently Asked Questions
Is interim bail different from regular bail?
Yes. Interim bail is a temporary release for a limited period, often for medical or other compelling reasons, while the regular bail application is still pending.
Did the Court decide the regular bail application?
No. It granted only interim bail until 18 November 2026, when the regular bail application was listed.
Why did the Court rely on the petitioner’s documents?
Because the Jail Superintendent did not file the medical reports the Court had directed on 16 October and 2 November 2026.
Conclusion
The order is short but useful: it reaffirms that a court seized of a bail plea can grant temporary relief for treatment, and that jail authorities’ silence will not hold up urgent medical relief.
Practical takeaway: Where an undertrial needs treatment, file an interim bail application with jail medical records and ask the court to call for a status report.
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