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1997 Supreme(Raj) 1272

RAJASTHAN HIGH COURT
P.C.Jain, J.
Tara Chand S/o. Moman Ram - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. IIIrd Bail Petition No. 1566 of 1997.
Decided On : 28-07-1997

The court considered the medical emergency and the absence of a male family member as grounds for granting interim bail to the petitioner.

Headnote:

Bail - Medical Emergency - The court granted interim bail to the petitioner to attend to his wife's medical emergency, citing the necessity of her operation and the absence of any male family member to attend to her.

Fact of the Case:

The petitioner sought interim bail to attend to his wife's operation for appendicitis.

Finding of the Court:

The court granted bail for a period of 15 days to the petitioner, considering the medical necessity and the absence of a male family member to attend to the petitioner's wife.

Issues: Medical emergency, bail application, absence of male family member to attend to the petitioner's wife.

Ratio Decidendi: The court's decision was influenced by the medical necessity of the wife's operation and the absence of any male family member to attend to her.

Final Decision: The application for interim bail was allowed, and the petitioner was granted bail for 15 days to attend to his wife's medical emergency.

JUDGMENT

1. - The petitioner has moved this IIIrd bail application which is interim in nature seeking release for a short period in order to attend the operation of his wife who is suffering from appendicitis. The accused is alleged to have committed offence under section 302 WC.

2. Learned counsel for the petitioner has produced the out-door ticket of Smt. Geeta, wife of the accused. According to this, it appears that Smt. Geeta is suffering from the above ailment and it is necessary that she is operated upon as advised medically. The petitioner has filed an affidavit that there is no male member who can attend her either in his family or in her family.

3. In the circumstances, I deem it proper to grant bail to the petitioner for a period of 15 days from 30.7.1997 on his executing a personal bond in the sum of Rs. 15,000 /- (Rupees Fifteen Thousand only) with two sureties of Rs. 7,500/- each to the satisfaction of learned Addl. Distt. Judge No. 1, Sri Ganganagar. He must surrender before the Superintendent, Distt. Jail, Sri Ganganagar on 14.8.1997.Application allowed.

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