Shaik Mohammed Abdul Jabbar vs. The Principal Commissioner/Commissioner

Facts

The petitioner, Shaik Mohammed Abdul Jabbar, director and authorized signatory of M/s. Hyath Iron & Steels Private Limited, is seeking regular bail. He was arrested on September 24, 2026, in connection with an inquiry, investigation, and trial under File No. CEXCOM/AE/INV/GST1180512025-AE, initiated by the GST Commissionerate, Secunderabad. The petitioner, aged 68, claims to be suffering from various ailments including diabetes, hypertension, and complications from open-heart surgery, requiring constant medical care. He requested to be shifted to Banjara Hills Care Hospital at his own expense, with police escort. The respondent's counsel presented a medical report from the Superintendent, Central Prison, Hyderabad, detailing the petitioner's health status.

Held

The Court did not delve into the merits of the bail application. Instead, it considered the submissions made by the learned Senior Counsel for the petitioner regarding the petitioner's various ailments, including diabetes, hypertension, and complications from open-heart surgery. Based on these submissions and the medical report, the Court directed the Superintendent, Central Prison, Chanchalguda, Hyderabad, to immediately shift the petitioner (Prisoner No. 2933) with escort to Banjara Hills Care Hospital, Hyderabad. It was explicitly clarified that all expenses incurred for the treatment would be borne by the petitioner. The Court listed the matter for further hearing on October 26, 2026, for a report.

Key Issues

1. Whether the petitioner, considering his age and medical condition, is entitled to be shifted to a private hospital for medical treatment with police escort, pending the outcome of the bail application. Petitioner's Argument: The petitioner's counsel argued that the petitioner is 68 years old and suffering from serious ailments, including diabetes, hypertension, and complications from open-heart surgery, necessitating specialized medical care and surveillance. They requested the Court to direct the shifting of the petitioner to Banjara Hills Care Hospital at his own expense, with police escort, to ensure his well-being. Revenue's Argument: The respondent's counsel placed on record a letter from the Superintendent, Central Prison, Hyderabad, enclosing a medical report pertaining to the petitioner. The medical report indicated that the petitioner, a 66-year-old male, is a known diabetic and hypertensive with a prior history of Coronary Artery Disease (CAD) and underwent Coronary Angiography. The report stated that no active cardiac intervention was required at present and advised follow-up in case of new symptoms. The respondent did not explicitly argue against the bail application itself, but presented the medical report.