Question of relaxation of my bail conditions under section 439(1)b due to medical grounds

Question

I got conditional bail for my case under section 420 and the condition is to attend the station on each Sunday up-to 60 days. But due to my poor health condition and covid symptoms I can’t able to attend the station.

Can I personally file a writ petition in high court to relax my conditions of my bail on medical grounds under section 439(1)b Crpc. If I can then I can file writ petition under article 21 or I should file only a petition and why not writ petition.

Can you please suggest me the process and the chances in filing as I am going to file directly by party not by advocate.

Answer ( 1 )

  1. File an application in the disposed off bail petition for relaxing your grounds due to medical condition. writ petition is not maintainable in this case.
    You can also send the covid report to the concerned police officer/Investigating officer seeking exemption till you get well. Usually the IO would take notice of your positive covid report and mention in his daily dairy as regards the reason for non-appearance. If the IO has no objection you may not approach court.

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