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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Babuji Sahu Alias Fauji – Appellant
Versus
The State (Govt. of NCT Delhi) – Respondent
Bail Appln. 711 of 2023
Decided On : 03-03-2023
Exemption - Extension of Interim Bail - The court extended the interim bail granted to the petitioner purely on humanitarian grounds until a specified date, with a clear directive that there shall be no further extension of interim bail.
Fact of the Case:
The petitioner applied for an extension of interim bail, citing a surgery and recovery process as grounds for the request.
Finding of the Court:
The court granted the extension of interim bail purely on humanitarian grounds until a specified date, with a clear directive that there shall be no further extension of interim bail.
Issues: Extension of interim bail, opposition by the State's counsel
Ratio Decidendi: The court's decision was influenced by humanitarian grounds and the petitioner's recovery process, while considering the opposition by the State's counsel.
Final Decision: The court extended the interim bail granted to the petitioner until a specified date, with a clear directive that there shall be no further extension of interim bail.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 5701/2023 (Exemption)
Exemption is allowed subject to all just exceptions.
BAIL APPLN. 711/2023
1. This is an application for extension of interim bail granted to the petitioner vide order dated 06.12.2022 which was further extended vide order dated 18.01.2023.
2. Learned senior counsel for the petitioner submits that he undertakes on behalf of the petitioner that no further request for extension of interim bail shall made. Learned senior counsel further submits that the surgery has been conducted and the petitioner is under process of recovery.
3. Learned senior counsel prays that the interim bail may be extended for another three weeks.
4. Learned APP for the State has opposed the extension for interim bail and submits that already the discretion has been exercised in favour of the petitioner and therefore no further extension may be granted.
5. I have considered the submissions and purely on humanitarian grounds, let the interim bail granted to the petitioner vide orders dated 06.12.2022 and 18.01.2023 be extended till 17.03.2023 on the same terms and conditions. However, it is made clear that there shall be no further extension of interim bail.
6. In view of the above, the present petition stands disposed of.
The court may grant an extension of interim bail on humanitarian grounds, subject to specified conditions and with a clear directive on further extensions.
The court may extend interim bail based on valid reasons such as the inability to undergo necessary medical procedures.
The court held that totality of circumstances should be considered when evaluating requests for extension of interim bail, particularly in cases involving medical emergencies.
The court has the discretion to extend interim bail on medical grounds, considering the necessity of the petitioner's presence before the learned Trial Court and the ongoing medical treatment.
The court granted interim bail based on the genuine medical grounds for the petitioner's mother's surgery, highlighting the principle of parity with previous bail decisions.
The court maintains strict adherence to undertakings given by counsel regarding the surrender of an appellant, while exercising discretionary power to grant a final, limited extension of interim bail....
Extension of interim bail based on the serious ailment of a family member.
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.
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