HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Jograj Singh – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Appeal No. 18 of 2022
Decided On : 06-04-2022
Interim Bail - Health Condition - The court granted interim bail to the petitioner due to his health condition, specifically the removal of his right kidney and the presence of Hepatitis C virus, requiring complete bed rest and therapy.
Fact of the Case:
The petitioner sought extension of interim bail due to his health condition, having already surrendered before the concerned Jail.
Finding of the Court:
The court granted the petitioner interim bail for thirty days considering his health condition and the need for complete bed rest and therapy.
Issues: Extension of interim bail due to health condition.
Ratio Decidendi: The court deemed it just and proper to release the petitioner on interim bail for a period of thirty days based on his health condition and medical advice.
Final Decision: The interim bail application was allowed, and the petitioner was ordered to be released on interim bail for thirty days, subject to certain conditions.
JUDGMENT
Manoj Kumar Garg, J. - The present Cr. Misc. application has been pressed on behalf of the petitioner for extension of interim bail granted by this Court vide order dated 01.06.2021.
2. Since the petitioner has already surrendered before the concerned Jail, therefore the present misc. application for extension of interim bail is being treated as interim bail application.
3. Counsel for the petitioner submits that the petitioner is suffering from kidney disease and after operation, his right kidney has already been removed and the Doctor advised him for complete bed rest as his only left kidney is functioning. Counsel further submits that the petitioner was also found positive of Hepatitis C virus. In such circumstances, it is prayed that the petitioner may be released on interim bail for a period of three months.
4. Learned Public Prosecutor has submitted that the treatment of the petitioner is going on and he needs therapy for Hepatitis C.
5. Considering the facts that the petitioner's right kidney was removed in operation and he is also found positive of Hepatitis C virus and he has been advised to take complete bed rest, this Court deems it just and proper to release the petitioner on interim bail for a period of thirty days.
6. accordingly, the interim bail application is allowed and it is ordered that the petitioner Jograj Singh S/o Sh. Ramkishan may be released on interim bail for a period of thirty days from the date of his actual release in FIR No.656/2018, PS Hanumangarh Town, District Hanumangarh provided he executes a personal bond in the sum of Rs. 2,00,000/- with two sureties of Rs. 1,00,000/- each (out of which one surety will be close relative of the petitioner) to the satisfaction of the learned trial court. On completion of interim bail period, the petitioner shall surrender before the concerned Jail authority.
7. Let this bail application be listed after six weeks, on which date, learned Public Prosecutor shall be required to submit the compliance report to the fact as to whether the accused has surrendered or not.
The court may grant interim bail based on the health condition and medical needs of the petitioner.
Extension of interim bail based on the serious ailment of a family member.
The court emphasized the importance of substantiating claims of illness with supporting documents when seeking interim bail.
The court denied interim bail due to lack of serious health issues as per medical reports, while ensuring the petitioner receives adequate medical treatment in custody.
The court has the discretion to extend interim bail on medical grounds, considering the necessity of the petitioner's presence before the learned Trial Court and the ongoing medical treatment.
The court may grant an extension of interim bail on humanitarian grounds, subject to specified conditions and with a clear directive on further extensions.
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