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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Rizwan – Appellant
Versus
State – Respondent
Bail Appln. 1272 of 2023 & Cr.M.A. 14628 of 2023
Decided On : 25-05-2023
BAIL APPLICATION - Extension of Interim Bail - The court extended the interim bail for a further 10 days due to the petitioner's inability to undergo surgery despite best efforts.
Fact of the Case:
The petitioner filed an application for extension of interim bail, citing the inability to undergo surgery despite best efforts.
Finding of the Court:
The court granted the extension of interim bail for a further 10 days based on the petitioner's submission.
Issues:
Ratio Decidendi: The court considered the petitioner's inability to undergo surgery despite best efforts as a valid reason for extending the interim bail.
Final Decision: The interim bail was extended for a further 10 days as per the conditions imposed in the previous order.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The matter has been received by way of transfer.
CRL.M.A. 14627/2023 in BAIL APPLN. 1272/2023
2. The Present application has been filed for extension of interim bail granted vide order dated 03.05.2023 and 16.05.2023.
3. Learned counsel for the petitioner submits that the despite the order dated 16.05.2023 the petitioner was released from jail on 23.05.2023. It has been submitted that despite best efforts surgery could not be conducted and therefore the bail may be extended.
4. In view of the submission made, the interim bail is extended for further 10 days as per the conditions imposed vide order dated 16.05.2023.
5. Copy of this order be given dasti.
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 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 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....
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 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.
Timely and justified requests for extension of interim orders are necessary for their continuation.
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