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SUDHIR KUMAR JAIN
Piyush Tiwari – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
1. The petitioner filed the present application for grant of interim bail under section 439 read with section 482 Cr.P.C in FIR bearing no. 0646/2021 registered under sections 420/406/120B IPC at P.S. Mayur Vihar, Phase-1.
2. It is stated in the application that the petitioner is aged about 43 years and is not a habitual offender. The petitioner has been granted interim bail in seven identical FIRs vide order dated 07.03.2023 and was granted regular bail vide order dated 10.03.2023 in FIR bearing no. 0007/2017 lodged at P.S. EOW, FIR bearing no.0307/2017 lodged at P.S Krishna Nagar and FIR bearing no. 0292/2016 lodged at P.S. Anand Vihar. The petitioner is the sole caretaker of his mother besides being the only earning member in the family. The mother of the petitioner requires urgent medical surgery. The petitioner has already been separated from his wife and the married sister of the petitioner stays in Lucknow, as such, it is not possible for her to travel back and forth to Delhi to take the mother of the petitioner to the hospital. It is prayed that the petitioner be admitted on interim bail for a period of 30 days so that the petitioner can facilitate/arrange for the su
The court considered the totality of the circumstances, including the petitioner's involvement in multiple FIRs and allegations of cheating, to dismiss the bail application seeking interim bail for f....
The court has the discretion to grant interim bail for genuine reasons, such as arranging for the surgery of a seriously ill family member.
The court has the discretion to grant interim bail based on humanitarian grounds, such as the illness of a family member requiring the presence and support of the accused.
Granting interim bail on medical grounds requires verifying clinical documentation and assessing the applicant's past compliance with court orders. When humanitarian needs are balanced with strict bo....
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.
Interim bail can be granted based on the serious medical condition of a family member, emphasizing the accused's role as a caretaker.
The court established that the grant of interim bail must consider the applicant's criminal history and the potential risk to public safety, even in light of personal hardships.
Interim bail on humanitarian grounds related to a family member's medical condition is not warranted when evidence shows other family members are available to provide care and support.
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