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Grant of bail based on medical grounds in a non-bailable offence Analysis: The judgment involves a case where the opposite party, along with others, was accused of serious offences under Sections 307/326 of the Indian Penal Code. The allegations stated that the accused attacked the victim with deadly weapons, resulting in severe injuries. The accused had previously applied for bail, which was rejected by the Sessions Judge and subsequently by a High Court judge. The opposite party then filed a fresh bail application citing health issues, supported by a medical report indicating ailments like spondylitis and ulcerative colitis. The report highlighted the need for specialized investigations and treatment not available in jail. The court considered the grounds for bail based on sickness in non-bailable offences as per Section 437(1) proviso of the Criminal Procedure Code. It was emphasized that the sickness must be of such a nature that the accused cannot receive proper treatment unless released on bail. The judgment stressed that the legislative intent behind non-bailable offences should not lead to physical suffering for the accused, as they are presumed innocent until proven guilty. The court highlighted the responsibility of the state to ensure medical treatment for accused persons in custody and the need for courts to conduct thorough inquiries before granting bail based on medical grounds. The court scrutinized the medical report provided by the accused, noting the lack of definitiveness in the diagnosis and treatment response. It raised concerns about the discrepancy between the ailments mentioned in the bail application and the medical report. The court criticized the lack of inquiry by the Sessions Judge into the treatment offered to the accused in custody and the failure to explore options for specialized treatment. It concluded that the bail granted to the opposite party was improper due to the absence of a judicial assessment of the medical situation. The judgment allowed the opposite party to surrender after completing treatment for chicken-pox and directed the bailors to produce him upon surrender. It instructed the Additional Sessions Judge to reconsider a bail application based on sickness, taking into account the observations made in the judgment. Failure to surrender would result in steps for the opposite party's arrest. The court made the rule absolute, emphasizing the importance of a thorough judicial review before granting bail based on medical grounds in non-bailable offences.
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