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Judgment
SACHIN DATTA, J. (ORAL)
Crl.M.(Bail) 1999/2026 (filed on behalf of applicant seeking grant of interim bail)
The petitioner/applicant is facing trial in FIR No. 624/2020, registered at P.S. Mayur Vihar, under Sections 147/148/149/302/307/120B/34 of the Indian Penal Code, 1860 and Sections 25/27 of the Arms Act, 1959.
It is pointed out that the petitioner’s/applicant’s regular bail application (i.e., Bail Application No. 4458/2026) is coming up for hearing on 18.11.2026.
By way of the present application, the petitioner/application seeks interim bail on medical grounds.
It is noticed that the applicant has been in custody (in Central Jail No. 12) since 08.07.2021.
It transpires that the petitioner/applicant, with an alleged history of physical assault by a co-inmate, visited Jail OPD/Emergency on 31.08.2026 with complaints of pain in the bilateral testicular region and right hand. Thereafter, on 19.09.2026, the petitioner/applicant was referred to the Department of Surgery of GTB Hospital for the complaint of abdominal pain and bleeding in the rectum. This was recorded in the report dated 29.09.2026, prepared by the Medical Officer-in-Charge, Central Jail No. 12, New Delhi.
Subsequently, this Court, on 16.10.2026, and again on 02.11.2026, directed the concerned Jail Superintendent to file a report detailing the medical condition of the petitioner/applicant, along with his relevant medical records. However, the said direction has not been complied with.
In the circumstances, in the absence of compliance by the Jail Authorities with the aforesaid directions issued by this Court, this Court has considered the present application based on the material placed on record by the petitioner/applicant.
The Supreme Court in Mukesh Kishanpuria v. State of West Bengal, (2010) 15 SCC 154, remarked upon the powers of the Court to grant interim bail in the following manner:
“3.However, the petitioner may apply for regular bail before the Court concerned and along with the said application, he may file an application for interim bail pending disposal of the regular bail application. We have made it clear on a number of occasions that the power to grant regular bail includes the power to grant interim bail pending final disposal of the regular bail application. This power is inherent in the power to grant bail, particularly in view of Article 21 of the Constitution of India. We are of the opinion that in view of Article 21 of the Constitution, a person should not be compelled to go to jail if he can establish prima facie that in facts of the case he is innocent.”
(emphasis supplied)
In Arvind Kejriwal v. Directorate of Enforcement, (2024) 9 SCC 577, relying upon the observations by this Court made in Athar Pervez v. State (NCT) of Delhi, 2016 SCC OnLine Del 6662 it was observed as under:
“20.The expression “interim” bail is not defined in the Code. It is an innovation by legal neologism which has gained acceptance and recognition. The terms, “interim” bail/“interim” suspension of sentence, have been used and accepted as part of legal vocabulary and are well known expressions. The said terms are used in contradistinction and to distinguish release on regular bail during pendency of trial or appeal till final adjudication. Applications for “interim” suspension or bail are primarily moved and prayed for, when the accused or convict is not entitled to or cannot be granted regular bail or suspension of sentence, or the application for grant of regular bail is pending consideration and is yet to be decided. “Interim” bail entailing temporary release can be granted under compelling circumstances and grounds, even when regular bail would not be justified. Intolerable grief and suffering in the given facts, may justify temporary release, even when regular bail is not warranted. Such situations are not difficult to recount, though making a catalogue would be an unnecessary exercise.”
(emphasis supplied)
Considering the circumstances, particularly the medical status report dated 29.09.2026, the petitioner is released on interim bail till 18.11.2026, on furnishing a personal bond in the sum of Rs.25,000/- with surety of like amount to the satisfaction of the trial Court / Duty Magistrate, subject to the following conditions:
He shall get himself examined and treated at a government hospital and file the treatment records before the trial Court on or before 17.11.2026;
He shall not leave the NCT of Delhi and shall not contact the complainant or any witness; and
He shall surrender before the Jail Superintendent on 19.11.2026, unless otherwise directed on 18.11.2026.
The application stands disposed of in the above terms.