Delhi High Court - Orders
Mustafa Tyagi vs The State Of N.C.T. Of Delhi on 28 October, 2025
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 494/2025
MUSTAFA TYAGI .....Appellant
Through: Mr.Pankaj Kapoor, Mr.Nikhil Bhari,
Mr.Deepak Sharma, Mr. Shikhar
Singh, Advocates.
versus
THE STATE OF N.C.T. OF DELHI .....Respondent
Through: Mr. Satinder Singh Bawa, APP
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 28.10.2025 CRL.M.(BAIL) 2104/2025 (under Section 430 BNSS read with Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 on behalf of the Appellant for Suspension of Sentence and for Grant of Bail)
1. An Application has been filed on behalf of the Appellant for grant of Interim Bail to the appellant Mustafa Tyagi for 90 days.
2. It is submitted that the Appellant is suffering an Order on Sentence dated 01.03.2025 in FIR No.342/2012 under Section 147/148/149/307/429/34 IPC and Section 25/27/54/59 Arms Act registered at Police Station Hari Nagar, Delhi. The Appellant is seeking Suspension of Sentence on medical grounds.
3. It is stated that he has been diagnosed with dyslipidemia and cholelithiasis, with a gallbladder calculus measuring approximate 8mm. Additionally, his liver is found to be enlarged, measuring 16.9 cm, suggestive of hepatomegaly. Dyslipidemia, if left untreated, can significantly increase the risk of cardiovascular events such as heart attack or stroke. It is further This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/10/2025 at 22:33:46 stated that the gallbladder stone of this size is clinically significant and may cause recurrent episodes of biliary colic, cholecystitis, or even life threatening complications like gallbladder perforation or pancreatitis, if not managed promptly. Moreover, the Hepatomegaly may be indicative of underlying liver pathology, such as fatty liver disease or early live dysfunctioin, which without appropriate medical intervention, may progress to cirrhosis or liver failure.
4. Moreover, apart from the aforementioned medical issues, he is also suffering from chronic ailments including High Blood Sugar, high Cholestrol both of which are being continuously monitored and treated. His diabetes is uncontrolled over a passage of time. He has developed retinopathy, a diabetes related eye condition which has severally affected his vision. He was taken to Safdarjung Hospital on 02.09.2025 and has been advised surgery of left eye cataract and has been advised for Neurology clearance before surgery. He suffered a facial paralysis on 02.09.2025 because of which he is having a problem to speak properly and had been taken to DDU Hospital with the complaints of weakness and heaviness over left side fact and left arm. The Doctors advised NCCT of the Head and further advised review at G.B. Pant Hospital, where he was taken on 03.09.2025. he was advised 2D echo and also surgery of Bilateral Colour Doppler. It is submitted that the Applicant is deteriorating vision has seriously impacted his ability to perform daily activities. The Applicant has not been receiving proper medical treatment in Jail due to inadequate care and medical treatment facilities in Jail. He is experiencing serious symptoms and any further delay may lead to life-threatening complications. The Applicant has, therefore, sought Suspension of Sentence for 90 days to be able to get the proper treatment.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/10/2025 at 22:33:46
5. The Medical Status Report has been received from the Senior Medical Officer, Tihar Jail dated 25.10.2025, wherein it has been reported that patient is suffering from uncontrolled Type-II Diabetes Mellitus, DSPN (Distally Symmetric Peripheral Neuropathy), Dyslipidemia (deranged lipid profile), Grade-III fatty liver, Internal Hemorrhoids, Cholelithiasis, left eye cataract, for which he is under treatment from Safdarjung Hospital, DDU Hospital and Jail visiting specialist Doctors. He is under treatment from Safdarjung Hospital for uncontrolled Diabetes Mellitus. He e having very high glycemic index (with HbA1c - 11.3mg/dl), which means high blood sugar levels for which he has been advised combination therapy of oral hypoglycemic agents and insulin therapy. He has also been advised diabetes diet and physical activities. For his deranged lipid profile he has been advised anti lipid agents. The patient visited Phythamlology department of Safdarjung Hospital on 07.08.2025 for his left eye cataract, wherein he was advised left eye cataract surgery. He has been advised some blood investigations and to review with investigation Reports.
6. It is further stated in the Report that on 02.09.2025 he was referred to DDU Hospital with Complaints of weakness and heaviness of left side face and left arm. He was examined by CMO in emergency and CT Head was done, which revealed normal study. He was advised review in G.B. Pant Hospital. He was reviewed in Safdarjung Hospital, Neurology Department for Surgery clearance on 29.09.2025. The Doctor noted small vessel ischemic changes in the old CT done at DDU Hosptial. He advised repeat CT-Head since MRI could not be done because of metallic implant in his leg. It was further stated that his general condition is stable. However, due to non-availability of logistics, despite repeated demand made from Dispensary, This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/10/2025 at 22:33:46 the regular blood sugar monitoring of the patient is not being done. All the prescribed medicines are being provided to him from the Dispensary.
7. Learned APP for the State submits that as per the Medical Report, the condition of the Petitioner is reported to be stable and is being provided for all medicines. Hence, the Interim Suspension of Sentence is opposed. Submissions heard and record perused.
8. The detailed Medical Report, gives multiple health complications from which the Petitioner is suffering, for which there is no adequate infrastructure available in the Jail Dispensary. Considering the medical complications of the petitioner, the Sentence is suspended for a period of 45 days and bail is granted, subject to the following conditions:-
a) The Appellant/Accused shall furnish a personal bond in the sum of Rs. 50,000/- with one surety of the like amount to the satisfaction of the Trial Court/Duty Magistrate and further subject to the condition that the Appellant/Accused and the surety of the Appellant, will keep his mobile phone in active mode during the period of suspension of sentence so that if required the Appellant/Accused may be contacted.
b) In case of change of residential address and/or mobile phone number, the same will be intimated to this Court, by way of an affidavit.
c) If the Appellant/Accused travels abroad, he shall submit itinerary with his address, at the time of contact, before the Trial Court.
9. It is directed that after completion of period of Interim Suspension of Sentence of 45 days, the Applicant shall surrender before the concerned Jail This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/10/2025 at 22:33:46 Superintendent.
10. The Application is disposed of accordingly.
NEENA BANSAL KRISHNA, J.
OCTOBER 28, 2025/va This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/10/2025 at 22:33:46