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.

JUDGMENT

Rameshwar Vyas, J. - The present interim bail application under Section 439 of Cr.P.C. has been filed by the petitioner who is in custody in connection with F.I.R. No. 394/2018, Police Station Balotra, District Barmer for the offences punishable under Section 8/15 & 8/25 of N.D.P.S. act on the ground that his wife is suffering from disease, which requires surgery.

2. Heard learned counsel for the petitioner through video conferencing and learned Public Prosecutor. Perused the material on record.

3. Learned counsel for the petitioner submits that there is no member in his family to look after his wife during treatment. He has one son aged about six years only. The petitioner is not a previous convict. Before this, the petitioner has not availed any interim bail. Therefore, he prays that the petitioner may be released on interim bail for a period of two months to enable him to get done treatment of his wife

4. Learned Public Prosecutor has got verified the factum of ailment of petitioner's wife and has submitted the verification report, which is taken on record.

5. Having regard to the totality of the facts and circumstances of the case as also the ground mentioned by the petitioner and verified by the State, this Court deems it just and proper to grant interim bail to the petitioner under Section 439 of Cr.P.C. for a period of twenty days.

6. accordingly, the interim bail application filed under Section 439 of Cr.P.C. is allowed and it is directed that the petitioner - Mukesh S/o Bhanwarlal shall be released on interim bail for a period of twenty days from the date of his actual release from prison in connection with F.I.R. No. 394/2018, Police Station Balotra, District Barmer, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees: One Lac Only) along with two sureties of Rs.50,000/- (Rupees: Fifty Thousand) each to the satisfaction of the concerned Jail Superintendent. The concerned Jail Superintendent shall be at liberty to impose any other usual terms and conditions for surrender of the petitioner after expiry of period of interim bail. He shall also give the date for surrender of the petitioner after expiry of a period of twenty days from the date of his actual release from prison. after reporting back in the jail, the petitioner shall submit the certificate of the concerned doctor regarding completion of the surgery.