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.

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 expired 15-16 years ago, petitioner has no brother and his two sisters are married and they live in Barmer and Bhopalgarh; mother of the petitioner lives alone and is suffering from disease; as per medical report, operation of uterus of petitioner's mother is required.

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 for a period of fifteen (15) days.

6. Consequently, the interim bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the petitioner, Bhajanlal S/o Babulal @ Ranjeet Singh, arrested in connection with F.I.R. No.103/2018, Police Station Nana, District Pali, shall be released on interim bail for a period of fifteen (15) days from the date of his actual release; provided he furnishes a personal bond of Rs.4,00,000/- (Rupees Four lacs only) and two sound and solvent sureties of Rs.2,00,000/- (Rupees Two 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 fifteen (15) days which is granted under this interim bail application.