Indian Kanoon - Search engine for Indian Law

5. In the meanwhile, the applicant had sought extension of his interim bail by this Court, however, the application seeking such extension was dismissed by this Court vide order dated 01.09.2023. However, it was directed by this Court that considering the medical condition of the applicant, he may remain hospitalized in the same hospital till 04.09.2023 i.e. till the time he had been granted interim bail. It was also directed that the applicant shall remain hospitalized in the custody of the jail Superintendent thereafter, till the time the applicant is discharged from the hospital, which should not exceed 02 weeks, except in case of some medical advice. It was also directed that a Medical Board be constituted by AIIMS which would give a definite opinion on the medical condition of the applicant and will suggest as to whether he requires hospitalization in a particular hospital or whether can he be treated in the jail or the referral hospital. This Court had also directed that the applicant will be at liberty to move a fresh application seeking extension of interim bail before the learned Trial Court in view of any medical opinion given by the medical board constituted by AIIMS, New Delhi.

8. Thereafter, in view of the precarious medical condition of the applicant and the orders dated 01.09.2023 and 04.09.2023 passed by this Court as well as the subsequent orders passed by the Trial Court and the medical report of the applicant prepared by AIIMS, the applicant had moved an application seeking interim bail on medical grounds before the learned Trial Court till the pendency of the present bail application before this Court. It is stated that after hearing both the parties and going through the record, the learned Trial Court on 06.10.2023 had dismissed the application seeking interim bail filed on behalf of the applicant.

9. It is in this scenario that the applicant had filed the interim bail application before this Court. However, during the course of arguments, it was contended on behalf of the applicant that the main bail application seeking regular bail be considered at this stage on medical grounds.

31. It is also important to take note of some of the directions issued by the learned Trial Court vide order dated 06.10.2023 vide which the interim bail application of the applicant was dismissed, as well as the subsequent developments thereafter.

32. In the order dated 06.10.2023, the learned Trial Court had duly taken note of the directions issued by this Court vide order dated 04.09.2023 and since as per the report of jail doctor, the applicant was not showing signs of improvement even after his repeated visits to VNA Hospital, learned Trial Court had observed that if the applicant requires or desires any further specialized physiotherapy sessions and rehabilitation process from the Sports Injury Centre of Safdarjung Hospital or any other referral or private hospital, then he may also be taken to the said hospital for the same.