Maninder Sidhu v. The State Govt. of NCT of Delhi

1. The present application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of the petitioner seeking grant of interim bail for a period of 45 days, on medical grounds, in FIR No. 482/2014 dated 15.05.2014 for the offence punishable under Section 302 of the Indian Penal Code, 1860, registered at Police Station Mukherjee Nagar.

2. The learned counsel for the petitioner submits that the petitioner is suffering from Varicose Veins, which has caused severe pain in his left leg and has impaired his ability to walk and perform his daily activities, due to which he is under grave distress.

3. He submits that though he was getting treatment from Deen Dayal Upadhyay Hospital, Delhi (“DDU Hospital”) but the same failed to give satisfactory results, thus, he had filed an application for the grant of interim bail to avail treatment from Wanshika Medicare, B4/44, Safdarjung Enclave, New Delhi. In pursuance thereto, he was granted custody parole by this Court vide Order dated 30.04.2025 for his medical examination and vide certificate dated 14.05.2025, the concerned Doctor has advised the petitioner to undergo laser treatment and the same is scheduled on 17.05.2025.

4. The learned counsel for the petitioner submits that for the successful execution of the aforesaid medical procedure, the petitioner is required to remain admitted in the hospital for a period of 2–3 days. As a post-surgical measure, he will further require bed rest for approximately 10–15 days, during which he will be unable to walk or perform his daily activities. In these circumstances, he submits, that the petitioner may be granted interim bail for a period of two weeks only. Moreover, the petitioner is a native of Ludhiana, Punjab, and accordingly, he will be residing at the said location post-surgery in order to undergo the advised period of bed rest.

5. The learned APP, while seeking dismissal of the bail application, submits that although the medical condition of the petitioner and the necessity for undergoing laser treatment scheduled on 17.05.2025 have been verified, the allegations against the petitioner are grave in nature. She further submits that the said treatment can also be availed at the DDU Hospital, while the petitioner is in custody. Additionally, she has handed over the Status Report across the Board today, which is taken on record.

6. In rebuttal to the aforesaid submissions, the learned counsel for the petitioner submits that the petitioner was previously granted interim bail by the learned Trial Court vide order dated 22.07.2016, and had duly surrendered before the concerned Jail Superintendent in compliance with the directions of the Court, without seeking any extension of the said interim bail and that the petitioner undertakes to surrender positively after the expiry of a period of two weeks. He submits that the petitioner has already been in custody for almost 11 years and that the trial is now at the fag end.

7. Having heard the submissions of the parties and upon perusal of the medical records as well as the Status Report dated 29.04.2025, this Court notes that, vide Certificate dated 14.05.2025, the concerned Doctor has opined that the petitioner is required to undergo laser treatment, which necessitates hospitalization for a period of 2-3 days. Thereafter, the petitioner has been advised bed rest for a duration of 10-15 days as a post-treatment care measure to ensure full recovery.

8. In conspectus of the facts and circumstances, the petitioner is admitted to interim bail for a period of two weeks from the date of his release, on his furnishing a personal bond in the sum of Rs. 50,000/with two sureties in the like amount, to the satisfaction of learned Trial Court / CMM / Duty Magistrate, subject to the following conditions: i. The Petitioner shall not leave India without prior permission of the learned Trial Court. ii. The Petitioner is directed to give all his mobile numbers to the Investigating Officer and keep it operational at all times. iii. The Petitioner shall make a video call to the concerned Investigating Officer at the concerned Police Station twice in a week, on Monday and Thursday, between 4:00 PM to 6:00 PM, except on the day his surgery will be performed, for marking his prseence. iv. The Petitioner shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change of residential address. v. The Petitioner shall not tamper with evidence nor otherwise indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial. vi. The Petitioner shall appear before the learned Trial Court as and when the matter is taken up for hearing.

9. Needless to state, any observation made hereinabove shall not tantamount to be an expression on the merits of the case before the learned Trial Court and has been made for the consideration of the present bail application alone in the prevailing circumstances.

10. Copy of the Order be sent to the Jail Superintendent concerned for information and necessary compliance.

11. Accordingly, the present bail application stands disposed of.