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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Rajeev Kumar - Appellant
Versus
State - Respondent
Bail Appln. 31 of 2023
Decided On : 05-01-2023
| Table of Content |
|---|
| 1. application for interim bail extension (Para 1 , 4) |
| 2. arguments for and against bail extension (Para 2 , 3) |
| 3. court's decision on bail extension (Para 5) |
| 4. conclusion and disposition of petition (Para 6) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
Crl. M.A.189/2023 (exemption)
Exemption allowed subject to all just exceptions.
BAIL APPLN. 31/2023
1. This is an application for extension of interim bail for one month. The petitioner was granted one month interim bail vide order dated 30.11.2022 in case FIR No.0368/2021 registered at PS Janak Puri under Sections 420/34 IPC for the purpose of surgery of his mother.
2. Learned counsel for the petitioner submits that pursuant to the order, the petitioner was released on bail on 05.12.2022 and the surgery was conducted on 02.01.2023. Learned counsel for the petitioner submits that the petitioner is required to be with his mother for her post operative care and recovery and pleads that the interim bail may be extended for at least 14 days.
3. Learned Addl. P.P. for the State submits that the mother of the petitioner is being discharged today and no ground is made out for further extension of interim bail.
4. It is not disputed that the surgery has been conducted on 02.01.2023.
5. Taking into account the totality of facts and circumstances of the present case, let the interim bail, granted vide order dated 30.11.2022, be extended for 10 days, i.e., till 16.01.2023 on the same terms and conditions imposed therein.
6. Accordingly, the present petition stands disposed of.
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 may grant an extension of interim bail on humanitarian grounds, subject to specified conditions and with a clear directive on further extensions.
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 may extend interim bail based on valid reasons such as the inability to undergo necessary medical procedures.
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 has the discretion to grant interim bail for genuine reasons, such as arranging for the surgery of a seriously ill family member.
Extension of interim bail based on the serious ailment of a family member.
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 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....
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