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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
Important Points
Subject
Criminal Law - Bail
Headnote
(B) Bail Law - The court emphasizes the need for careful evaluation of the specific circumstances surrounding the request for bail. (Para 5)
Facts of the case:
The petitioner was initially granted interim bail for one month for his mother's surgery, which was successfully conducted on 02.01.2023, and an extension was requested for post-operative care.
Findings of Court:
The court granted an extension of interim bail for 10 days, until 16.01.2023, allowing the petitioner to provide necessary care for his mother.
Issues: The primary issue was whether grounds were established for extending interim bail beyond the initial term given post-operative considerations.
Ratio Decidendi: The court determined that in evaluating bail extensions, totality of circumstances must be taken into account, while considering the ongoing recovery needs of the petitioner's mother.
Result: Bail application stands disposed of with an extension granted.
| 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.
