The Delhi High Court ensured urgent medical care for an accused facing serious criminal charges, even as he withdrew his interim bail application. The Court highlighted that medical emergencies, particularly neurological issues, cannot be ignored, signaling the judiciary’s insistence on balancing custodial obligations with fundamental rights.
The accused, under judicial custody in connection with an FIR alleging murder and concealment of the body, applied for interim bail citing deteriorating neurological health and scheduled CT and MRI scans. Counsel for the petitioner stressed that jail medical facilities were inadequate for his condition and delayed diagnostics could risk his life.
The State opposed the request, highlighting that the petitioner had previously misused an earlier interim bail period and raised concerns about possible interference with the investigation and complainant’s rights. The petition, complicated by serious allegations and the accused’s past conduct, was contested vigorously on both sides.
Though the accused withdrew his interim bail plea, the Court underscored the importance of medical intervention, directing the Medical Superintendent of AIIMS to conduct the CT and MRI scans on a priority basis within a week. The bench noted that “even where interim bail is withdrawn, the Court retains the authority to ensure humane treatment and urgent medical care,” balancing the State’s investigative interests with the accused’s right to health.
All relevant officials, including the Jail Superintendent and Investigating Officer, were instructed to facilitate immediate compliance.
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