[Cites 1, Cited by 0]
Delhi High Court
Jagarnath Shah @ Lala vs State (Nct Of Delhi) on 15 January, 2026
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 15.01.2026
+ BAIL APPLN. 155/2026 & CRL.M.A. 1320/2026
JAGARNATH SHAH @ LALA .....Petitioner
Through: Mr. Abhishek Rana and Mr. Vikas,
Advocates.
versus
STATE (NCT OF DELHI) .....Respondent
Through: Mr. Sanjeev Sabharwal, APP for State
with IO/Inspector Vivek Singh, PS
Alipur.
Mr. Vikram Panwar and Mr. Vijay,
Advocates for complainant.
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks interim bail in case FIR No.297/2025 of
PS Alipur for offence under Section 103(1)/238(b) BNS and 25/27 Arms
Act on medical grounds.
2. Broadly speaking, the allegation against the accused/applicant is that
he not just killed the deceased but even burned the body, apparently to
conceal identity. As per prosecution, the evidence against the
accused/applicant is by way of a CCTV footage coupled with recovery of
BAIL APPLICATION 155/2026 Page 1 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569
af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557099
6b40f80cbd2eee60402c487965ff801e26fa,
Date: 2026.01.15 19:09:08 -08'00'
weapon of offence and the vehicle in which the accused/applicant took the
deceased away. Besides, there is also evidence of last seen.
3. The accused/applicant has sought interim bail on medical grounds and
it is contended that in jail, he is getting only conservative treatment as his
CT Brain is scheduled for 22.01.2026 and MRI Brain is scheduled for
11.05.2026 at Safdarjung Hospital. Learned counsel for accused/applicant
has taken me through the status report (Annexure P-4) which was filed by
the State before the learned Court of Sessions. It is contended by learned
counsel that condition of the accused/applicant is deteriorating on account of
some neurological issue.
4. Learned APP for State assisted IO/Inspector Vivek Singh strongly
opposes the interim bail application, submitting that the accused/applicant
has concealed order dated 29.10.2025 of the Court of Sessions, whereby his
application for extension of interim bail on medical grounds was dismissed,
observing that earlier after being granted interim bail on medical grounds,
the accused/applicant did not immediately start his treatment and took no
steps in that regard till 28.10.2025, after which he sought extension of
medical bail.
5. Learned counsel for complainant de facto also has pointed out from
order dated 19.12.2025 of the learned Court of Sessions that earlier when the
accused/applicant was granted interim bail on medical grounds, his family
members tried to encroach upon the property belonging to the complainant
BAIL APPLICATION 155/2026 Page 2 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45
569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155
fa, cn=GIRISH KATHPALIA
Date: 2026.01.15 19:08:55 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:15.01.2026
19:32:19
de facto and wife of the deceased also filed a complaint vide DD No.36-A
dated 28.10.2025.
6. At this stage, learned counsel for accused/applicant, on instructions,
seeks permission to withdraw this interim bail application.
7. As requested, the interim bail application and the accompanying
application are dismissed as withdrawn.
8. Of course, in the normal state of affairs concealment of a fact should
be a ground to summarily throw out the petition/application. But present is
a case where the accused/applicant is in jail and the medical status report
filed before the Court of Sessions does reflect some neural issues.
8.1 Despite the aforesaid, the accused/applicant, as a human being cannot
be deprived of proper medical treatment, more so when he is under detention
in judicial custody. Right to health is an integral part of the fundamental
right to life and liberty. The applicant as on date is only an accused, not a
convict, as allegation of his complicity in the alleged offence is yet to be
tested by the trial court. Even the most dreaded criminal and convict has
fundamental right to life and liberty, and the same cannot be abrogated
without following due process of law.
8.2 The court in such cases has to carry out balancing of interests to
ensure that the detained accused person is not deprived of appropriate
BAIL APPLICATION 155/2026 Page 3 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af
3962c6fb4835d435f97626cacca, ou=HIGH COURT
OF DELHI,CID - 7047638, postalCode=110003,
KATHPALIA
st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996
b40f80cbd2eee60402c487965ff801e26fa,
Date: 2026.01.15 19:08:44 -08'00'
medical treatment and at the same time, the State and the complainant de
facto also do not suffer.
8.3 Therefore, in the present case, the Medical Superintendent of AIIMS
Hospital is directed to carry out CT Brain and MRI Brain of the
accused/applicant on priority basis within one week from today. For that
purpose, the IO shall present a copy of this order before the Medical
Superintendent, AIIMS Hospital by tomorrow and thereafter, on the date
fixed by the Medical Superintendent, the accused/applicant shall be taken in
custody to get conducted his CT Brain and MRI Brain, followed by his
requisite medical treatment in jail or any hospital attached with the jail.
9. Copy of this order be transmitted immediately to the Jail
Superintendent concerned.
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4af
ec45569af3962c6fb4835d435f97626cacc
a, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d
15570996b40f80cbd2eee60402c487965f
f801e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.15 19:08:25 -08'00'
GIRISH KATHPALIA
(JUDGE)
JANUARY 15, 2026/ry
BAIL APPLICATION 155/2026 Page 4 of 4 pages
