1992 Supreme(Raj) 865
RAJASTHAN HIGH COURT
V.S.Dave, J.
Allahdeen - Appellant
Versus
State of Rajasthan - Respondent
S.B. Cri. Misc. Bail Appl. No. 3935 of 1992.
Decided On : 4-09-1992
Grant of interim bail on humanitarian grounds for attending to a family member's medical needs.
Headnote:
Bail - Humanitarian Consideration - Grant of Interim Bail for Medical Operation
Fact of the Case:
The petitioner's father needs to undergo a surgical operation for Gall Bladder. The petitioner has applied for bail to attend to his father during the recovery period.
Finding of the Court:
The court, considering humanitarian grounds, grants interim bail to the accused petitioner for two weeks to attend to his father during the recovery period.
Issues: Grant of bail for medical reasons
Ratio Decidendi: The court's decision is based on humanitarian consideration and the need for the accused to attend to his father during the recovery period from the surgical operation.
Final Decision: The accused petitioner is granted interim bail for two weeks to attend to his father during the recovery period, with conditions for his release on bail.
JUDGMENT
1. - Heard learned counsel for the parties and perused the papers made available to me.
2. Father of the petitioner is to undergo a surgical operation for `Gall Bladder'. He had moved applications for grant of bail on this count earlier also but the same had been (illegible) as operations were postponed. Liberty was given to the petitioner in the previous bail-application to file fresh bail-application as and when the date of operation is fixed. He has now moved an application for bail with a certificate of from Dr. Brijendra Garg, Surgen in Govt. Hospital, Alwar, that the father of the petitioner who is aged 70 years is to undergo a surgical operation on 5th Sept., 1992.
3. In this view of the matter, keeping humanitarian consideration I deem it proper to grant interim bail to the accused petitioner namely Allahdeen son of Shri Mehtab, for a period of two weeks to attend his father during his period of recovery from operation. He shall be released on bail forthwith, provided he executes a personal bond in the sum of Rs. 10.000/- (Rs. Ten thousand only) with one surety in the like amount to the satisfaction of learned Addl. Sessions Judge, Deeg, for his appearance in the said Court on 25th September, 1992. In case, the petitioner does not surrender before the said Court on 25th September, 1992, it will be open to the learned Addl. Sessions Judge, to issue warrant and draw proceedings under S. 446 of the Code of Criminal Procedure.
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