The court may grant interim bail based on medical grounds without expressing any opinion on the merits/demerits of the case.

JUDGMENT

Devendra Kachhawaha, J. - The present interim bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.10/2020, Police Station Pallu, District Hanumangarh, registered for the offence punishable under Section 8/18, 29 of the NDPS act.

2. Heard and considered the arguments advanced by the learned counsel appearing for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel appearing for the petitioner stated that the present bail application has been filed by the petitioner seeking interim bail for a period of 30 days on the ground of surgery B/L- Knee of his father, therefore, petitioner may be granted benefit of interim bail.

4. Learned Public Prosecutor opposed the bail application and in compliance of order dated 23.03.2022, learned Public Prosecutor submitted report of Rajasthan Hospital, Pratap Nagar, In-front of College, Udaipur Road Chittorgarh, in which concerned Dr. Nayan Silawat opined that after anesthetic check up and view fitness next date of operation between 10.04.2022 to 15.04.2022.

5. In view of the above-mentioned facts, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the present interim bail application of the accused-petitioner deserves to be allowed and the accused-petitioner deserves to be enlarged on interim bail from the date 09.04.2022 to 16.04.2022 (8 days).

6. Consequently, the interim bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the petitioner, aziz Khan S/o Shri abdul Mazid (actual name is abdul Hamid), arrested in connection with F.I.R. No.10/2020, Police Station Pallu, District Hanumangarh, shall be released on interim bail for a period of Eight (8) days from the date of his actual release (i.e. on 09.04.2022); provided he furnishes a personal bond of Rs.2,00,000/- (Rupees Two lacs only) and two sound and solvent sureties of Rs.1,00,000/- (Rupees One lacs only) [one surety shall be of family member/close relative] each to the satisfaction of the concerned Jail Superintendent, Jodhpur.

7. The concerned Jail Superintendent shall be at liberty to impose any other usual terms and conditions for ensuring surrender of the petitioner in prison, after expiry of the period of Eight (8) days (i.e. on 17.04.2022) which is granted under this interim bail application.