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Judgment
SACHIN DATTA, J. (ORAL)
Crl.M.(Bail) 2088/2026 (seeking grant of interim bail to the applicant for a period of 12 weeks from 09.11.2026 to 01.02.2027)
The applicant/petitioner seeks interim bail for twelve (12) weeks on medical grounds in FIR No. 11/2023, dated 07.01.2023, registered at P.S. Mangol Puri, Outer District (Delhi), under Sections 365/302/394/397/201/120B/34 of the Indian Penal Code, 1860.
The applicant /petitioner has been in custody since 11.01.2023. By order dated 29.05.2026, this Court, in Crl.M.(Bail) No. 915/2026 (in Bail Appln. 1483/2026), granted the applicant/petitioner interim bail for a period of six (6) weeks on the Senior Medical Officer’s Report, wherein the applicant/petitioner was said to be suffering from pulmonary tuberculosis and had been advised surgery.
However, the surgery could not be performed during the previous period of interim bail. During the course of hearing today, learned APP for the State has handed over an updated medical status report of the petitioner. The same reads as under:
It is evident that the petitioner’s medical condition is serious, as is borne out from the aforesaid report. The petitioner has been advised surgery by the Thoracic Surgery Department of LRS Hospital.
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)
The Supreme Court in Arvind Kejriwal v. Directorate of Enforcement, (2024) 9 SCC 577, relying upon Athar Pervez v. State (NCT) of Delhi, 2016 SCC OnLine Del 6662, 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, the applicant/petitioner is released on interim bail for a period of 12 weeks from the date of his release, on furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the trial Court / Duty Magistrate, subject to the following conditions:
a. He shall not leave the NCT of Delhi;
b. He shall not contact or influence any of the prosecution witnesses; and
c. He shall surrender before the jail authorities on expiry of the aforesaid period.
The applicant shall report to the National Institute of Tuberculosis (NIRTD) within a period of one (1) week of his release, undergo the advised surgery, and furnish the hospital records to the Investigating Officer (IO).
The application is disposed of in the above terms.