Back
DELHI HIGH COURT
DINESH KUMAR SHARMA
Rajeev – Appellant
Versus
State (Govt. of N.C.T. of Delhi) – Respondent
| Table of Content |
|---|
| 1. grounds for bail application. (Para 1) |
| 2. arguments for and against bail. (Para 2 , 3 , 4) |
| 3. conditions for granting interim bail. (Para 5) |
| 4. disposal of the bail petition. (Para 6) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CM APPl.24916/2022 (exemption)
Exemption allowed subject to all just exceptions.
BAIL APPLN.3571/2022
1. Present bail application has been moved for interim bail on the ground of sickness of the mother of the petitioner. It has been submitted that the surgery of the mother of the petitioner/accused is fixed for tomorrow, i.e., 01.12.2022 at Metro Plus Hospital, Najafgarh, Delhi.
2. Learned counsel for the petitioner submits that on this similar ground, the petitioner has been granted interim bail for one month in case FIR No.333/2021 registered at P.S. Patel Nagar under Sections 419/420/406/467/468/471/120B/201 IPC.
3. Learned counsel for the petitioner submits that though he was granted bail in FIR No.333/2021, but vide the impugned order dated 23.11.2022, the learned Additional Sessions Judge, Dwarka Courts, New Delhi dismissed the bail application. Learned counsel for the petitioner seeks interim bail on the grounds of parity.
4. Learne
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 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 grant interim bail for genuine reasons, such as arranging for the surgery of a seriously ill family member.
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 severity of a family member's illness can be a valid ground for granting interim bail, even if opposed by the State.
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 of interim bail based on the serious ailment of a family member.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
