MUSTAQ v. STATE (GOVT. OF NCT OF DELHI) THROUGH SHO, P.S. RANHOLA
BAIL APPLN./2793/2026 · 2026-07-21
Saurabh Banerjee
body2026
DailyLaw.ai
[ 2026 DAILYLAW 13171 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13171 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2793/2026, CRL.M.A. 21176/2026
MUSTAQ
.....Applicant Through: Ms. Jasmine Sheikh and Mr. Arnav Khokhar, Advs.
versus
STATE (GOVT. OF NCT OF DELHI) THROUGH SHO, P.S. RANHOLA
.....Respondent Through: Mr. Raghuinder Verma, APP with Mr. Aditya Vikram Singh, Adv. SI- Udit and SI- Rajat, PS: Ranhola
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R %
21.07.2026
1. By virtue of the present bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant seeks extension of interim bail granted to him vide order dated 03.07.2026 passed in Bail Application No.2247/2026 for a further period of fifteen days. 2. At the outset, learned counsel for applicant submits that since the wife of the applicant has been diagnosed with infected gall bladder full of stones, she requires urgent surgery and apart from the applicant there is no other family member to take care of her, hence, on humanitarian grounds, she prays that the applicant be granted extension of interim bail granted vide order dated 03.07.2026. 3. She further submits that while on interim bail, the applicant made sincere efforts to complete all medical formalities required for the surgery, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/07/2026 at 11:25:18
however, owing to the fact that she developed continuous high fever, uncontrolled high blood pressure, and abnormal thyroid levels, the treating doctors found it medically unsafe to undertake the surgery at present. 4. Lastly, drawing the attention of this Court to the medical prescription dated 15.07.2026, though learned counsel submits that the wife of the applicant has been advised to undergo surgery on 30.07.2026, however, it is the applicant’s own case that since her vitals are unstable, the surgery is subject to improvement in her medical condition. 5. Heard. 6.
As borne out, though this Court was pleased to grant interim bail to the applicant vide order dated 03.07.2026 on purely humanitarian grounds, however, despite having full knowledge of the fact that the purpose for which he was granted interim bail i.e. his wife’s surgery had become stale and it was highly unlikely owing to her vitals being unstable, the applicant continued to remain on interim bail and did not demonstrate his bona fides by surrendering before the jail authorities. 7. Today also, though the applicant’s wife is advised to undergo surgery on 30.07.2026, however, it is the own case of the applicant that, since her vitals are unstable, the surgery is subject to improvement in her medical condition. In light of the aforesaid, since the surgery of the applicant’s wife is contingent on her vitals being stable, which, is not certain or simply out since there is no clarity qua that, it is not a fit stage for this Court to grant extension of the interim bail to the applicant. 8. In the interest of justice, it is made clear that the applicant will be free to approach for seeking interim bail in case of any change of circumstances, which, shall be considered on its own merits. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/07/2026 at 11:25:18
9. The present application, alongwith the pending application, is dismissed. SAURABH BANERJEE, J JULY 21, 2026/Ab/DA
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/07/2026 at 11:25:18