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DEVENDRA KACHHAWAHA
Bhajanlal – Appellant
Versus
State Of Rajasthan – Respondent
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.103/2018, Police Station Nana, District Pali, registered for the offence punishable under Section 8/15 of the NDPS act, Sections 5(1)(a) & 27(1) of the arms act and Sections 332, 353 & 307 of the Indian Penal Code.
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 two months on the ground of illness of his mother; and surgery of uterus of petitioner's mother is required, therefore, petitioner may be granted benefit of interim bail.
4. In compliance of Court's earlier order dated 15.03.2022, learned Public Prosecutor has submitted the medical report of the petitioner's mother along with some documents including the statement of Shri Ram, uncle of the petitioner; as per his statement, father of the petitioner was expi
The court has the discretion to grant interim bail based on humanitarian grounds, such as the illness of a family member requiring the presence and support of the accused.
The court may grant interim bail based on medical grounds without expressing any opinion on the merits/demerits of the case.
The court's decision on interim bail applications is influenced by the specific grounds presented in the bail applications and the nature of accusations in the FIR.
The court has the discretion to grant interim bail under Section 439 of Cr.P.C. based on the circumstances presented, such as family medical emergencies.
Interim bail under Section 439 Cr.P.C. can be granted based on personal circumstances, but must consider the gravity of the offense.
Granting interim bail on medical grounds requires verifying clinical documentation and assessing the applicant's past compliance with court orders. When humanitarian needs are balanced with strict bo....
The court has the discretion to grant interim bail for genuine reasons, such as arranging for the surgery of a seriously ill family member.
The court considered the totality of the circumstances, including the petitioner's involvement in multiple FIRs and allegations of cheating, to dismiss the bail application seeking interim bail for f....
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