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"Application 627Kha has been moved on behalf of accused Pradeep Shukla through his counsel in this case for granting exemption to him from personal appearance for the purpose of physical surrender to take the applicant into custody while being admitted in hospital, permitting him to continue for treatment/admission in the hospital and for any other order.
It is alleged in this application that the applicant is represented before this court by his counsel, who was granted interim bail on account of his serious ailment by the Hon'ble High Court for the period of six months by order dated 31.10.13. He was released from prison on 7.11.13. Period for interim bail expired on 6.5.14. An application for extension of interim bail was moved before the Hon'ble High Court which was decided on 31.10.13. Pending this application, it was directed by the Hon'ble High Court that the accused shall not be taken into custody till further orders are passed in aforesaid extension application. Accused has simultaneously moved third bail application before the Hon'ble High Court, which is pending before the Hon'ble High Court and is listed on 16.5.14. On 12.5.14 Hon'ble High Court decided the extension application without touching the merits of medical condition. Accused was admitted in Kailash Hospital on 11.5.14 on account of deteriorating medical condition. He was shifted to Ram Manohar Lohiya Hospital on 13.5.14, where he is still admitted. Earlier when accused was in judicial custody, report regarding his medical condition was submitted by jail authorities, who is undergoing medical treatment from different hospital for TIA, CAD and Spinal Tumor. Accused is not in a position to appear before this court for his surrender upon expiry of the period of bail.

In the above mentioned criminal misc. extension application Hon'ble High Court has ordered on 12.5.14 that this application being not maintainable is rejected without prejudice to the rights of the applicant of proper/fresh application, if so advised according to law. Therefore, application seeking extension of interim bail application has been rejected by the Hon'ble Court.

In view of above, accused Pradeep Shukla should have surrendered before the C.B.I. Court of Ghaziabad on 13.5.14. Instead of surrendering himself by putting in his personal appearance, application 627Kha has been moved on his behalf through counsel for his surrender on expiry of the period of interim bail. Since accused Pradeep Shukla is not present for his surrender, therefore, unless he appears before the court, his surrender application cannot be allowed on the ground that he is admitted in the hospital on account of suffering from alleged ailment.