Whether bail granted on medical grounds can be sustained when the medical necessity is vague and non urgent — Held, bail granted on medical grounds must be based on credible, specific, and urgent need, not on general or future apprehensions, and if it is shown that a party obtained bail by misrepresentation or fraud, or by suppressing material facts, such bail is liable to be cancelled on that ground alone.
Grant of bail on medical grounds — Held, 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
Per R. Mahadevan, J.
In Kalyan Chandra Sarkar v. Rajesh Ranjan, 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.
This Court has consistently held that bail granted on medical grounds must be based on credible, specific, and urgent need, not on general or future apprehensions. The discharge summary dated 28.11.2024 issued by the hospital, mentions that A2 is a patient with a history of diabetes, hypertension, and prior cardiac issues, and that he may require a CABG surgery in the future. However, the report does not indicate: any current emergency or need for immediate medical intervention; any life-threatening condition warranting urgent release; and any inability of the prison medical system to manage his current state. Thus, there is no compelling medical necessity for grant of bail. In Puran v. Rambilas, this Court held that “if it is shown that a party obtained bail by misrepresentation or fraud, or by suppressing material facts, such bail is liable to be cancelled on that ground alone”.
IN THE SUPREME COURT OF INDIA
Criminal Appeal Nos. 3528-3534 of 2025
Decided On: 14.08.2025
State of Karnataka Vs. Darshan and Ors.
Hon’ble Judges/Coram:
J.B. Pardiwala and R. Mahadevan, JJ.
Author: R. Mahadevan, J.
Citation: 2025 KHC 6693: 2025 INSC 979, MANU/SC/1098/2025.
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