Medical bail requires proper judicial enquiry; tentative diagnosis alone cannot justify release or protect a flawed bail order

Bail on medical grounds in a non-bailable offence is permissible only when proper enquiry shows that custody would prevent adequate treatment. A tentative medical report, without clear findings on the ailment, treatment already given in jail, or the need for specialist care, does not satisfy the requirement of judicial scrutiny. Where bail is granted without such application of mind, the order may be cancelled. Any fresh request for medical bail must be considered again on the basis of proper medical and judicial enquiry.

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Issues: Whether bail granted to the accused on medical grounds was liable to be cancelled for want of proper judicial scrutiny.

Analysis: Sickness may justify bail in a non-bailable offence under the proviso to Section 437(1) of the Code of Criminal Procedure, 1973, but only where the medical condition is such that proper treatment cannot be obtained in custody. The medical report in the present case was tentative, referred to only a probable diagnosis, and did not show what treatment had been given in jail or whether specialist examination and treatment had been sought. No adequate enquiry was made into the nature of the ailment, the treatment already afforded, or the need for specialist care, and the grant of bail was found to have been made without proper application of judicial mind.

Conclusion: The bail order was improper and was rightly cancelled.

Final Conclusion: The accused was required to surrender to custody, and any fresh bail request on medical grounds was to be considered anew on proper enquiry.

Ratio Decidendi: Bail on medical grounds in a non-bailable offence can be granted only after a proper enquiry showing that custody would prevent adequate treatment; a tentative medical opinion without such enquiry does not justify release and may warrant cancellation of bail.

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