Introduction:

In a landmark decision, the Delhi High Court granted interim medical bail to a murder accused, allowing him to undergo laser surgery for varicose veins. The court introduced an innovative condition: the accused must mark his attendance with the Investigating Officer (IO) via video calls twice a week. This move reflects the judiciary’s adaptability in balancing the rights of the accused with the needs of the investigation.

The case revolves around a murder accused who sought interim bail to undergo laser surgery for varicose veins. The petitioner had previously been released on custody parole for treatment at Wanshika Medicare, Safdarjung Enclave, New Delhi. Upon medical advice recommending laser treatment, he applied for interim bail for 45 days.

Arguments:

Petitioner’s Arguments:

The petitioner’s counsel argued that the surgery required hospitalization for 2–3 days, followed by 10–15 days of bed rest. During this period, the petitioner would be unable to walk or perform daily activities, necessitating interim bail.

Respondent’s Arguments:

The Additional Public Prosecutor opposed the bail application, citing the gravity of the murder charge. The prosecution contended that the required treatment could be availed at Deen Dayal Upadhyay Hospital, Delhi, without the need for interim bail.

Court’s Judgment:

Justice Shalinder Kaur granted interim bail for two weeks, emphasizing the importance of adequate medical treatment for individuals in custody. Recognizing the petitioner’s medical needs, the court allowed him to undergo surgery and recover at home. However, to ensure the integrity of the investigation, the court imposed specific conditions:

The petitioner must furnish a personal bond of Rs. 50,000/- with two sureties of the like amount.

He is required to make a video call to the IO at the concerned police station twice a week, on Mondays and Thursdays, between 4:00 PM and 6:00 PM, except on the day of surgery.

The petitioner must provide all his mobile numbers to the IO and keep them operational at all times.

This judgment reflects the court’s commitment to upholding the rights of the accused while ensuring the smooth progress of the investigation. By incorporating technology into bail conditions, the judiciary demonstrates a forward-thinking approach to justice.