Medical bail can be cancelled when illness does not pose a real risk to life or health.

Bail granted on medical grounds may be cancelled where the alleged sickness does not create a real risk to the accused's life or health. The High Court's statutory power to cancel bail granted by a subordinate court was recognised, and epilepsy in the facts was not treated as the kind of sickness contemplated by the proviso to Section 497(1) of the Code of Criminal Procedure. The medical board report that continued jail treatment would not harm the accused, together with the seriousness of the offences and public interest, supported cancellation of bail.

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Issues: Whether bail granted on the ground of sickness could be cancelled under the High Court's power, and whether epilepsy in the facts of the case amounted to the kind of sickness contemplated by the proviso to Section 497(1) of the Code of Criminal Procedure.

Analysis: The power of the High Court and the Court of Session to cancel bail granted by a subordinate court was recognised under Section 497(5) of the Code of Criminal Procedure. The sickness contemplated by the proviso to Section 497(1) was held to mean not every ailment, but a condition involving risk or danger to the accused's life. The medical board's report stated that the accused's continuance in jail under medical treatment would not be harmful to his health, and the seriousness of the offences and the public interest were also treated as relevant bail considerations.

Conclusion: The bail was liable to be cancelled, and the State's application was allowed.

Ratio Decidendi: Bail granted on medical grounds may be cancelled where the illness does not involve risk to life or health, and the High Court may cancel bail granted by a subordinate court under its statutory power.

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