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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
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.
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.
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.
The court established that interim bail can be extended under compassionate grounds, particularly in cases involving serious health issues of family members, while maintaining the necessity for compl....
The court has the discretion to extend the benefit of interim bail based on the totality of the facts and circumstances of the case.
Extension of interim bail based on the serious ailment of a family member.
The court held that totality of circumstances should be considered when evaluating requests for extension of interim bail, particularly in cases involving medical emergencies.
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