Bail on medical grounds meant for emergencies, not for attending social galas: SC

Time of India

3 days ago

Bengaluru: The Supreme Court observed that actor Darshan, accused number 2 in the Renukaswamy murder case, had obtained bail on misrepresentation of medical grounds.
"The bail order dated 13 Dec 2024, passed by the Karnataka high court, was granted primarily on the basis of the alleged urgent medical condition of the 1st respondent/A2.
However, a bare perusal of the medical records and subsequent conduct of the accused reveals that the medical plea was misleading, vague, and grossly exaggerated," a bench comprising Justice JB Pardiwala and Justice R Mahadevan observed.
Contrary to the impression created before the high court, Darshan made multiple public appearances, including participation in high-profile social events, was seen in fine health and mobility, and did not undergo any surgery or serious medical procedure post his release.
This establishes that he abused the liberty of bail, which was obtained on a false and misleading premise, the bench added.
You Can Also Check:
Bengaluru AQI
|
Weather in Bengaluru
|
Bank Holidays in Bengaluru
|
Public Holidays in Bengaluru
|
Gold Rates Today in Bengaluru
|
Silver Rates Today in Bengaluru
The Supreme Court consistently held that the bail granted on medical grounds must be based on credible, specific, and urgent need, not on general or future apprehensions, as seen in the State of UP vs Amarmani Tripathi and Dinesh MN vs State of Gujarat cases.
The discharge summary dated Nov 28, 2024, issued by the hospital, mentions that Darshan is a patient with a history of diabetes, hypertension, and prior cardiac issues, and that he may require a CABG (coronary artery bypass grafting) surgery in future.
However, the report does not indicate any current emergency or need for immediate medical intervention, any life-threatening condition warranting urgent release, or any inability of the prison medical system to manage his current state.
Thus, there is no compelling medical necessity for the grant of bail, the bench added.
In the Kalyan Chandra Sarkar vs Rajesh Ranjan case, this court cautioned that "bail on medical grounds can be granted only in exceptional cases where the medical condition is serious, cannot be treated in custody, and necessary facilities are not available in jail."
The burden to prove such necessity lies on the accused. In the present case, the accused failed to demonstrate that the jail hospital was incapable of managing his condition or that adequate treatment could not be given in judicial custody. Instead, the high court proceeded to grant bail without recording a definitive finding on the urgency, seriousness, or inadequacy of treatment in custody. This results in a perverse and legally unsustainable bail order, liable to be cancelled as per the principles laid down in Puran and Samarendra Nath Bhattacharjee vs State of West Bengal, the top court observed while setting aside the bail granted by the high court single bench judge Justice S Vishwajith Shetty to Darshan.
Stay updated with the latest local news from your
city
on
Times of India
(TOI). Check upcoming
bank holidays
,
public holidays
, and current
gold rates
and
silver prices
in your area.
Get the latest lifestyle updates on Times of India, along with
Happy Independence Day wishes
,
messages
, and
quotes
!