DINESH KUMAR SHARMA
Pankaj Dawar – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT :
DINESH KUMAR SHARMA, J.
CRL.M.A. 11647/2023
1. Exemption allowed subject to just exceptions.
BAIL APPLN. 1429/2023
2. The present application has been filed seeking interim bail for the petitioner for a period of one month on the ground of illness of his wife.
3. A similar application was moved before the learned Trial Court wherein the learned Trial Court after taking into the submissions passed the following order:—
State v. Pankaj Dawar
FIR No. 287/2022
PS Crime Branch
Under Section 20/25/29 NDPS Act
25.04.2023.
Pr : Ms. Promila Singh, Ld. Addl. P.P for the State.
Sh. Kundan Kumar, Ld. Counsel for the applicant/accused I.O with case file.
Arguments heard on the application under Section 439 Cr. P.C. for grant of interim bail to accused-applicant.
It is pleaded on behalf of the applicant that the wife of accused/applicant is severely ill as she is suffering from hormonal imbalance with irregular periods due to which she has been having excessive bleeding since one month. As per the examination conducted, she has LSCS Scar on anterior abdominal wall with Ischamic Heart Disease and Pelvic infection. She was admitted in emergency at Lamba Hospital and Nursing Home
The severity of a family member's illness can be a valid ground for granting interim bail, even if opposed by the State.
The court may extend interim bail on humanitarian grounds based on the medical condition of the petitioner's family member, despite the petitioner's undesirable conduct.
The court has the discretion to grant interim bail under Section 439 of Cr.P.C. based on the circumstances presented, such as family medical emergencies.
The court established that interim bail can be granted under Section 439 Cr.P.C. based on compassionate grounds, particularly in cases involving family health emergencies.
Interim bail is a temporary measure that must be balanced against the gravity of the offence and the progress of the trial. It cannot be granted periodically by exhausting grounds that have already b....
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