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MANOJ KUMAR GARG
Jograj Singh – Appellant
Versus
State Of Rajasthan – Respondent
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 pet
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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