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2021 Supreme(Raj) 913

IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, J.
Suman - Appellant
Versus
State - Respondent
Criminal Miscellaneous Bail Application No. 8168 of 2021
Decided on : 10-08-2021

Advocates appeared:
Rahul Rajpurohit, Advocate, Laxman Solanki, Advocate

The court may grant interim bail on humanitarian grounds to address the destitution of the accused's dependents.

Headnote:

Interim Bail - Humanitarian Grounds - The court allowed the interim bail application under Section 439 CrPC for the petitioner to tend to her children for a period of 60 days from the date of her actual release, considering the destitution of her three children in the absence of both parents and the specially abled/mentally challenged elder daughter.

Fact of the Case:

The petitioner sought interim bail as she and her husband were in custody, leaving their three children in destitution due to lack of an able-bodied person to look after them.

Finding of the Court:

The court, taking a humanitarian view, allowed the interim bail application for the petitioner to tend to her children for 60 days from the date of her actual release.

Issues:

Ratio Decidendi: The court considered the humanitarian grounds and the destitution of the petitioner's children as the basis for allowing the interim bail.

Final Decision: The court allowed the interim bail application under Section 439 CrPC for the petitioner to tend to her children for a period of 60 days from the date of her actual release, upon furnishing a personal bond and surety.

JUDGMENT

Sandeep Mehta, J. - The instant interim bail application under Section 439 CrPC has been preferred by the petitioner Suman W/o Raysingh, who is in custody in connection with the F.I.R. No.23/2021 registered at the Police Station Hanumangarh Town, District Hanumangarh for the offences under Sections 302, 364 and 201 IPC.

2. Heard learned counsel for the parties and perused the material available on record.

3. The petitioner seeks interim bail on the ground that she as well as her husband Raysingh are lodged in the jail and in their absence, their three children have been led to destitution because there is no able-bodied person in the family, who can look after them.

4. Learned Public Prosecutor has placed on record verification report received from the SHO, Police Station Hanumangarh Town, as per which, the petitioner has three children, of whom two daughters are aged 13 and 9 years and one son is aged 11 years. The elder daughter is specially abled/mentally challenged. The mother-in-law of the petitioner is aged 75 years.

5. In this background and taking a humanitarian view of the matter, this court is of the opinion that the petitioner deserves indulgence of interim bail for a period of 60 days from the date of her actual release so that she can tend to her children.

6. Accordingly, the instant interim bail application under Section 439 CrPc is allowed. It is ordered that the accusedpetitioner Suman W/o Raysingh arrested in connection with F.I.R. No.23/2021 registered at the Police Station Hanumangarh Town, District Hanumangarh shall be released on interim bail for a period of 60 days from the date of her actual release; provided she furnishes a personal bond in the sum of Rs.50,000/- and one sound and solvent surety in the like amount to the satisfaction of the learned trial court with the stipulation to surrender back before the jail authorities positively in the morning of the next day of completion of the period of interim bail.

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