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RAMESHWAR VYAS
Mukesh – Appellant
Versus
State Of Rajasthan – Respondent
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 petitio
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.
The court established that interim bail can be granted under Section 439 Cr.P.C. based on compassionate grounds, particularly in cases involving family health emergencies.
The severity of a family member's illness can be a valid ground for granting interim bail, even if opposed by the State.
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.
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