Elective Nature Of Surgery Doesn't Bar Interim Bail On Medical Grounds: Delhi High Court
The Delhi High Court has held that the elective or non-emergency nature of a medical procedure cannot by itself be ground to deny interim bail to an accused, particularly where the ailment causes continuing pain and requires timely surgical intervention.
Justice Girish Kathpalia made the observation while dealing with an application moved by an accused booked under the Maharashtra Control of Organised Crime Act 1999, seeking interim bail to attend to his mother, who was scheduled to undergo knee replacement surgery.
The State opposed the plea contending that the surgery was not an emergency procedure and therefore did not warrant release on interim bail.
“So far as the argument of State that surgery to be performed on mother of the accused/applicant is not an emergency surgery, this in itself does not mean that a person requiring knee transplant can afford to defer the surgery endlessly,” the bench said.
It further noted that while knee replacement surgery may not be emergent in the strict medical sense, it involves significant pain and consequential need for knee transplant surgery at the earliest.
“...the trial in the present case is not likely to conclude in next at least three years. Mother of the accused/applicant cannot be expected to keep suffering in the wait for knee transplant for such a long time,” the Court added.
As regards State's contention regarding availability of other relatives to take care of accused's mother, the Court said,
“Merely because mother has other relatives to take care does not mean that son be denied an opportunity to be by her side. The issue has to be examined from paradigm of the accused/applicant, who desires to be by the side of his mother during the period of her hospitalization, surgery and recuperation.”
It added that sometimes, the State is expected to handle even hardened criminals with soft hands, depending upon the circumstances.
“It is not a case of some distant relative on whose marriage or illness the accused/applicant seeks interim liberty. It is the case of mother of the accused/applicant, who has to undergo surgery,” the Court said and granted him 21 days interim bail.
Appearance: Mr. Jitendra Sethi, Senior Advocate with Mr. Hemant Gulati and Mr. Shobit Dimri, Advocates for Petitioner; Mr. Amit Ahlawat, APP for State with ACP Rahul Kumar Singh and Inspector Sundeep Yadav, PS Special Cell.
Case title: Amit Gulia v. State
Case no.: BAIL APPLN. 228/2026