Bail cancellation for fraud on the court where illness claims were unsupported by contemporaneous medical records

Bail obtained on a false plea of serious illness can be cancelled where the medical record does not support the asserted condition and the surrounding facts show a false factual foundation. The accused claimed acute myocardial infarction and need for specialised treatment, but there was no contemporaneous jail medical record, the earlier bail applications did not mention any cardiac ailment, and the hospital material did not evidence myocardial infarction. On that basis, the bail was treated as having been secured by fraud on the court through a false and frivolous plea of illness.

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Issues: Whether the bail granted to the accused should be cancelled on the ground that it was obtained by making a false plea of serious illness and thereby practising fraud upon the court.

Analysis: The accused sought bail on the basis of acute myocardial infarction and the need for specialised treatment, but there was no contemporaneous medical record from the jail authorities supporting that claim. The earlier bail applications had not mentioned any cardiac ailment, and the hospital material showed no evidence of myocardial infarction. The surrounding circumstances also showed that the asserted illness was not borne out by the record and that the bail had been secured on a false factual foundation.

Conclusion: The bail was liable to be cancelled because it had been obtained by fraud on the court on the basis of a false and frivolous plea of illness.

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