Delhi High Court Grants Interim Bail to Tuberculosis-Affected Accused

Court Considers Serious Medical Condition and Past Compliance in Decision to Grant 15-Day Bail

In a significant decision, the Delhi High Court has granted interim bail to Mohd Shaukat Ali, also known as Dolly, for a period of 15 days. The decision, handed down by Justice Dr. Swarana Kanta Sharma, was influenced by the accused's serious medical condition, specifically his affliction with tuberculosis.

The bail application, registered under FIR No. 126/2020 at the Paschim Vihar Police Station, pertains to charges under several sections of the Indian Penal Code, 1860, including Sections 363, 364A, 506, 120B, and 34. The case was listed for hearing on 26th November 2025, as the previous day was a public holiday commemorating the 350th anniversary of Guru Teg Bahadur's martyrdom.

Counsel for the petitioner, Mr. Ankaj Giri, argued that the accused had been previously granted interim bail owing to his hospitalization for tuberculosis treatment. The court had extended this bail previously, recognizing the severe impact of Delhi's air pollution on his respiratory condition, which has led to episodes of fainting.

Despite the serious nature of the allegations against him, the Additional Public Prosecutor, Mr. Manoj Pant, acknowledged the undisputed medical condition of the accused. This acknowledgment played a pivotal role in the court's decision-making process.

The court's order emphasized the accused's history of complying with bail conditions, noting that he had not misused his liberty during previous interim bail periods. Accordingly, Justice Sharma granted bail on the condition that the accused furnishes a personal bond of Rs. 15,000, accompanied by a surety of an equivalent amount.

The court outlined several stringent conditions for the bail, including prohibiting the accused from leaving the country without court permission, requiring immediate notification of any change in residential address or contact details, mandating regular court appearances, and restricting any interaction with the complainant or prosecution witnesses.

Justice Sharma clarified that this order does not express any opinion on the merits of the case itself. The decision reflects a balanced approach, weighing the accused's health concerns against the integrity of judicial processes and public safety.

The order has been directed to be uploaded on the court's website promptly, ensuring transparency and accessibility of judicial processes to the public.

Bottom Line:

Interim bail granted to an accused suffering from tuberculosis, considering his medical condition, prior conduct of not misusing bail, and adherence to specified conditions.

Statutory provision(s): Sections 363, 364A, 506, 120B, 34 of the Indian Penal Code, 1860.

Mohd Shaukat Ali @ Dolly v. State (NCT of Delhi), (Delhi) : Law Finder Doc Id # 2815710