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Dr. Ramesh Badlani v. State of Madhya Pradesh

Special Leave Petition (Criminal) · 2018 INSC 1042Decided 2 Nov 2018
Special Leave Petition (Criminal) No. 6568 of 2018
Justice Abhay Manohar Sapre · Justice Indu Malhotra

Background

The petitioner's application for bail had been declined by the High Court. He approached the Supreme Court by way of a Special Leave Petition, with senior counsel also raising the point that the petitioner was unwell.

Decision Breakdown

After hearing senior counsel for the petitioner, counsel for the State, and counsel for an impleaded party, and examining the record and the case law cited, the Court declined to interfere with the High Court's order refusing bail. On the health concern, the Court held that it was open to the petitioner to approach the Sessions Judge, who could, in his judicial discretion, pass appropriate orders on that specific ground after hearing all parties. The Special Leave Petition itself was dismissed, with any pending applications also disposed of.

Lesson Learnt

The Supreme Court will generally not interfere with a reasoned High Court order declining bail unless a clear case for intervention is made out; a plea based on the accused's ill-health is more appropriately raised before, and decided by, the trial-level (Sessions) court in the first instance.

Official source (sci.gov.in)View Judgment (PDF)

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