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Jammu & Kashmir and Ladakh High Court

Medical Bail Requires Evidence Of Custody Risk — J&K High Court

An accused in a commercial-quantity NDPS prosecution sought extension of medical bail.

Judge / Bench — Hon’ble Mr. Justice Rajesh Sekhri, Judge

The Jammu & Kashmir and Ladakh High Court held that illness alone does not justify release: the relevant questions include medical severity, the prescribed treatment, custody-related risk and access to appropriate care through prison and referral hospitals. The Medical Board confirmed that the petitioner could remain in custody with close supervision and cardiology follow-up, and corrected the earlier account of stenting. His unexplained absence from scheduled angiography also undermined the asserted urgency. The refusal to extend medical bail was upheld. Jail authorities were nevertheless directed to provide regular treatment, and liberty to seek regular bail was preserved. The decision concerns medical release, not final guilt.

Case — Sajad Ahmad Sheikh v. UT through Police Station Chanapora and anr. · Bail App/96/2026 · 31 October 2026 · Srinagar wing

Advocates appearing — Petitioner — Mr. Sajad Ashraf, Advocate. Respondents — Ms. Shaila Shameem, AC vice Mr. Mohsin Qadri, Sr. AAG.

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