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IN THE HIGH COURT OF DELHI AT NEW DELHI
SHALINDER KAUR
Lovee Narula – Appellant
Versus
Directorate Of Enforcement, Govt Of India, Through Its Asistant Director Delhi Zonal Office-II – Respondent
JUDGMENT :
SHALINDER KAUR, J.
1. The present application under Section 528 of the Bharatiya Suraksha Sanhita, 2023 (BNSS) and read with Section 483 of BNSS and Section 45 of Prevention of Money Laundering Act, 2002 (PMLA) has been filed by the Petitioner/applicant seeking interim Bail for a period of four weeks in the FIR No. 59/2024 dated 12.03.2024 registered under Sections 274/275/276/42/468/471/120B/34 of the Indian Penal Code,1860 ( IPC ) at Police Station Crime Branch, in view of the medical condition of his Father, who is suffering from “Stage-4 Brain Cancer”.
2. Mr. Siddharth Agarwal, the learned Senior Counsel for the Petitioner, at the outset, submits that since the Father of the Petitioner, who is 58 years of age, is admitted to the hospital, whose medical condition has been deteriorating and is presently in a critical condition in the Intensive Care Unit (ICU) on a ventilator, interim Bail be granted to the Petitioner to take care of his ailing Father.
3. He submits that even earlier this Court had granted interim Bail to the Petitioner on this account vide Order dated 12.09.2024 and had been extended by this Court on numerous occasions and the Petitioner had surrendered on
The court upheld the principle that humanitarian grounds can justify granting interim bail, while ensuring safeguards against evidence tampering.
The court may extend interim bail on humanitarian grounds despite prior violations of bail conditions, especially in cases of personal bereavement requiring familial obligations.
Extension of interim bail based on the serious ailment of a family member.
The court granted interim bail on humanitarian grounds, emphasizing the need for emotional support and medical care for the petitioner's seriously ill father.
Interim bail can be granted based on the serious medical condition of a family member, emphasizing the accused's role as a caretaker.
The judgment emphasizes the court's duty to consider humanitarian concerns while balancing the seriousness of the offence and the well-being of the accused's family, particularly the psychological re....
The court has the discretion to grant interim bail for genuine reasons, such as arranging for the surgery of a seriously ill family member.
Interim bail can be granted based on compassionate grounds, such as a family member's medical emergency, subject to conditions ensuring the accused's accountability.
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