Medical bail exception under the Companies Act upheld where serious illness made custodial detention incompatible with treatment needs.

Section 212(6) of the Companies Act, 2013 allows release on bail where the accused is sick or infirm, and the note records that advanced cancer, surgery, chemotherapy, continuing weakness and need for specialised nursing care satisfied that medical exception. Custodial detention was treated as incompatible with the applicant's health condition, so interim medical bail was confirmed and made absolute subject to conditions. The note also records that a technical objection requiring surrender and refiling could not defeat the substantive request, because procedural formality could not override relief already granted on medical grounds.

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Issues: (i) Whether the applicant, being a senior citizen suffering from serious and continuing medical ailments, was entitled to confirmation of bail on medical grounds under the proviso to Section 212(6) of the Companies Act, 2013; (ii) Whether the technical objection to entertain the application without surrendering and filing a fresh bail application could defeat the request for confirmation of interim bail.

Issue (i): Whether the applicant, being a senior citizen suffering from serious and continuing medical ailments, was entitled to confirmation of bail on medical grounds under the proviso to Section 212(6) of the Companies Act, 2013.

Analysis: The applicant's medical record showed advanced and recurring ailments, including cancer, surgery, chemotherapy, continued weakness, dependence on nursing care, and the need for prolonged specialised treatment. The proviso to Section 212(6) permits release on bail where the accused is sick or infirm. The material on record established that custodial detention was incompatible with the applicant's present health condition and that continued treatment was required outside custody.

Conclusion: The applicant satisfied the medical exception in the bail provision, and bail was confirmed in his favour.

Issue (ii): Whether the technical objection to entertain the application without surrendering and filing a fresh bail application could defeat the request for confirmation of interim bail.

Analysis: The Court treated the objection as a procedural formality that could not override the substantive claim for relief. Since interim bail had already been granted on medical grounds and the application had remained pending, the insistence on surrender and refiling was held not to advance justice in the circumstances.

Conclusion: The procedural objection was rejected and did not prevent confirmation of bail.

Final Conclusion: The interim medical bail was made absolute, and the applicant was enlarged on bail subject to conditions.

Ratio Decidendi: Where the statutory bail restriction itself contains an exception for a sick or infirm accused, and the medical material shows that custody would be inconsistent with required treatment and care, bail may be granted or confirmed notwithstanding technical objections that do not affect the merits.

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