1. Application for extension of interim bail granted on humanitarian grounds involving terminal illness of spouse and mental disability of children. (Para 1 )
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2022 Supreme(SC) 1715
SUPREME COURT OF INDIA
Dr. D.Y. Chandrachud, CJI., Hima Kohli, J.
Abdul Raheman Dhantiya @ Kankatto @ Jamburo – Appellant
Versus
The State of Gujarat – Respondent
I.A. No. 164316 of 2022 in Criminal Appeal No. 517 of 2018
Decided On : 11-11-2022
Important Points
The court has the discretion to extend the period of interim bail based on the ongoing circumstances of the appellant's family members' health conditions.
Subject
Criminal Law - Bail and Pretrial Release
Headnote
Interim Bail - Extension of Interim Bail - The court extended the period of interim bail for the appellant based on the grounds of his wife's terminal stage cancer and his daughters' mental challenges.
Fact of the Case:
The appellant was granted interim bail due to his wife's terminal stage cancer and his daughters' mental challenges. The court extended the period of interim bail until 31 March 2023.
Finding of the Court:
The court found that the situation which led to the grant of interim bail continues to subsist, and therefore extended the period of interim bail.
Issues:
Ratio Decidendi: The court extended the interim bail based on the ongoing circumstances of the appellant's family members' health conditions.
Final Decision: The Interlocutory Application for extension of bail is disposed of.
Legal Category Hierarchy
Advocates appeared:
Mr. Sanjay Hegde, Sr. Advocate, Mr. Salim A. Inamdar, Advocate, Mr. Modassir Husain Khan, Advocate, Ms. Shruti Kapur, Advocate, Mrs. Pragya Baghel, Advocate, For the Appellant / Ms. Ruchi Kohli, Advocate, Ms. Srishti Mishra, Advocate, Ms. Swati Ghildiyal , Advocate, For the Respondent.
Mr. Sanjay Hegde, Sr. Advocate, Mr. Salim A. Inamdar, Advocate, Mr. Modassir Husain Khan, Advocate, Ms. Shruti Kapur, Advocate, Mrs. Pragya Baghel, Advocate, For the Appellant / Ms. Ruchi Kohli, Advocate, Ms. Srishti Mishra, Advocate, Ms. Swati Ghildiyal , Advocate, For the Respondent.
Table of Contents
2. The court observed that the humanitarian circumstances justifying the initial grant of interim bail continue to subsist. (Para 2 )
3. Interim bail may be extended when the humanitarian grounds justifying the original grant continue to persist. (Para 2 )
4. Interim bail extended on existing terms and conditions, and the interlocutory application disposed of. (Para 2 , 3 )
5. Under what circumstances can a court extend a period of interim bail?
A court may extend the period of interim bail if the humanitarian grounds—such as the terminal illness of a spouse or the disability of children—that justified the initial grant continue to subsist. (Para 1 , 2 )
ORDER
1. On 13 May 2022, the appellant, Abdul Raheman Dhantiya @ Kankatto @ Jamburo, was granted interim bail for a period of six months on the ground that (i) his wife is suffering from terminal stage cancer; and (ii) his daughters are mentally challenged.
2. Having due regard to the situation which continuous to subsist, we extend the period of interim bail until 31 March 2023 on the same terms and conditions.
3. The Interlocutory Application for extension of bail is disposed of.
