The court has the discretion to extend the benefit of interim bail based on the totality of the facts and circumstances of the case.

JUDGMENT

Devendra Kachhawaha, J. - Heard learned counsel for the petitioner, through VC as well as learned Public Prosecutor, present in person on the application under Section 482 Cr.P.C. for extending the time period of interim bail granted by this Court vide order dated 23.06.2021 passed in S.B. Criminal Misc. Bail (Interim) Bail Application No.7787/2021.

2. Learned counsel for the petitioner stated that the petitioner was enlarged on interim bail vide order dated 23.06.2021 for treatment of his wife. Learned counsel has further stated that petitioner's wife is seriously ill and as per medical certificate, which is mentioned at page no.8, operation of petitioner's wife could not be possible due to random blood sugar. He, therefore, prays that benefit of interim bail granted to the petitioner may be extended for a further period of two months.

3. Learned Public Prosecutor has opposed the application and stated that despite all facts narrated earlier in S.B. Criminal Misc. Bail (Interim) Bail Application No.7787/2021, vide order dated 23.06.2021, seven days interim bail was granted to the accused-petitioner, therefore, the application for extending the time period of interim bail may not be granted to the accused-petitioner.

4. Having regard to the totality of the facts and circumstances of the case, this Court deems it just and proper to extend the benefit of interim bail granted to the petitioner for a further period of 7 days from the date when he has to surrender before the concerned Jail Superintendent.

5. Accordingly, the criminal misc. application filed by the petitioner is allowed. The interim bail granted to the petitioner vide order dated 23.06.2021 is extended for a further period of 7 days. The applicant-petitioner shall comply with the requirements of the interim bail granted earlier and would surrender positively before the concerned Jail Superintendent in the morning of 09.07.2021.

6. The application stands disposed of accordingly.