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2017 Supreme(Raj) 1476
IN THE HIGH COURT OF RAJASTHAN AT JODHPUR
MANOJ KUMAR GARG, J.
Smt. Amandeep Kaur Wife of Kuldeep Singh, D/o Balvindra Singh - Petitioners
Versus
State of Rajasthan - Respondents
S.B Criminal Revision No. 1514 of 2017
Decided On : 21-12-2017
For the Petitioner: Mr. LK Ramdhari
For the Respondent: Mr. OP Rathi, PP
Headnote:
Bail - Juvenile - Medical Grounds
Fact of the Case:
The petitioner No. 2, a juvenile suffering from cancer and a brain tumor, sought bail. The medical report confirmed her condition.
Finding of the Court:
The court, after considering the medical report and submissions, granted bail to the petitioner No. 2 based on her medical condition.
Issues: Bail for juvenile petitioner suffering from serious illness
Ratio Decidendi: The court granted bail to the juvenile petitioner based on the medical grounds and the need for proper care and treatment.
Final Decision: The revision petition for petitioner No. 2 was allowed, and she was ordered to be released on bail upon furnishing a personal bond and sureties.
MANOJ KUMAR GARG, J.
1. Learned counsel for the petitioners does not want to press the revision petition qua the petitioner No. 1 Smt. Amandeep Kaur.
2. Hence, the revision petition qua petitioner No. 1 Smt. Amandeep Kaur is dismissed as not pressed.
3. So far as the petitioner No. 2 Kum Ramandeep Kaur (juvenile-through her natural guardian father Balvindra Singh) is concerned, the counsel for the petitioner submits that she is minor and she is seriously ill as she is suffering from cancer and having a brain tumor. The petitioner No. 2 was admitted at Acharya Tulsi Regional Cancer Treatment and Research Institute, Bikaner. Therefore, on the medical ground, she may be given benefit of bail.
4. The learned Public Prosecutor has submitted a report received from the SHO, Police Station Sameja Kothi, District Sri. Ganganagar. Along with the said report, medical certificate of petitioner No. 2 Smt. Ramandeep Kaur has also been annexed wherein it has been mentioned that she is suffering from Pontine Glioma (Brain Tumor) and was undergoing radiotherapy for the same from 01.11.2017 to 13.12.2017
5. Having carefully considered the submissions made by the learned counsel for the parties and having perused the medical report of the petitioner No. 2 Ramandeep Kaur, I am inclined to give benefit of bail to the petitioner No. 2 Ramandeep Kaur.
6. Consequently, this revision petition qua the petitioner No. 2 Ramandeep Kaur is allowed.
7. It is ordered that the juvenile accused-petitioner No. 2 Kum Ramandeep Kaur D/o Balvindra Singh shall be released on bail, upon furnishing a personal bond by her natural guardian (father), in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) along with two sureties in the sum of Rs. 20,000/- each to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Sri. Ganganagar; with the stipulation that on all subsequent dates of hearing, she shall appear before the said court or any other court, during pendency of the investigation/trial in the case and that her guardian shall keep proper look-after of the delinquent child and secure her away from the company of known criminals.
