Mr. Ajay Sehrawat vs. State Govt. of NCT of Delhi

Bail Application · 2026:DHC:8162Decided 22 Sept 2026New Delhi Bench
BAIL APPLN. 4009/2026CNR: DLHC010454552026
Justice Girish Kathpalia

Background

The applicant, facing trial under Section 302 and related IPC provisions for a 2021 incident, had a history of multiple interim bail applications (some granted, some dismissed or withdrawn) on grounds of his father's ill health. A coordinate bench had granted him seven days' interim bail because his father's shoulder surgery was scheduled for 16 September 2026. As that period expired, he sought a further four-week extension, citing a fresh prescription showing the surgery had been postponed to 24 September 2026.

Decision Breakdown

The Court found the timeline suspicious: the new medical prescription justifying postponement was dated 18 September 2026, two days after the surgery was originally supposed to have happened, meaning the applicant simply stayed out on bail past the original surgery date without surrendering, then obtained fresh paperwork to extend his stay outside custody. The earlier order had already found the surgery to be minor, the father not critically ill, and an elder brother available to care for him. Calling this "an effort... to evergreen interim liberty," the Court dismissed the extension application.

Lesson Learnt

Interim bail granted for a specific medical emergency is tied to that emergency's actual timeline: courts will scrutinise closely (and refuse to extend) requests that appear to use shifting medical excuses to indefinitely prolong release from custody.

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