Interim bail on medical grounds turns on present medical stability and the feasibility of treatment in custody

Interim bail on medical grounds must be assessed against the medical board's current findings on clinical stability and whether treatment can be provided in custody or a government hospital. On the stated medical report, stable vital parameters and improvement under treatment did not support a finding that immediate hospitalization was necessary, so the trial court's reasoning for extending interim bail was found unsatisfactory. The extension already granted was not disturbed for the remaining period, but custodial directions were clarified: surrender on expiry, scope for continued hospitalization in judicial custody if needed, fresh medical evaluation by the same board, and continuation of treatment at the stated hospital at the respondent's cost.

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Issues: (i) whether the extension of interim bail on medical grounds called for interference; and (ii) whether directions were required regarding surrender on expiry of interim bail and continuation of medical treatment.

Issue (i): whether the extension of interim bail on medical grounds called for interference.

Analysis: The Medical Board report recorded the respondent's ailments, but also noted stable vital parameters and that he was doing well with the current treatment. On that basis, the Court found that, as on the date of the medical report, it could not be said that treatment was not feasible in a government hospital in custody or that immediate hospitalization was required. The reasoning of the trial court for extending interim bail was therefore found to be not in the correct perspective.

Conclusion: The extension of interim bail was not interfered with for the balance period already granted, but the order was not approved on merits.

Issue (ii): whether directions were required regarding surrender on expiry of interim bail and continuation of medical treatment.

Analysis: Since the respondent had again been hospitalized, the Court considered it inappropriate to deprive him of the benefit of interim bail till its expiry. The Court therefore directed surrender on the date of expiry, with liberty for continued hospitalization in judicial custody if the medical condition so required, and further directed medical evaluation by the same Medical Board and continuation of treatment at the stated hospital at the respondent's cost.

Conclusion: Appropriate custodial and medical directions were issued to balance the respondent's health needs with the criminal .

Final Conclusion: The petition did not result in setting aside the interim bail extension, but the Court clarified surrender and medical-treatment arrangements upon expiry of the interim bail period.

Ratio Decidendi: Interim bail on medical grounds should be tested against the medical board's assessment of present clinical stability and the feasibility of treatment in custody, and custody directions must preserve continuity of necessary medical care.

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