ASHOK KUMAR JAIN
Samaun S/o Mumtaj Khan – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. The instant interim bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner Samaun S/o Mumtaj Khan who is in custody in relation to F.I.R. No.10/2019, Police Station Suratgarh District Sriganganagar for the offences under Sections 8/22, 29 of the NDPS Act.
2. Learned counsel for the petitioner submits that the petitioner is suffering from ailment of kidney stone which is at present 20.1 MM in size, thus he required immediate medical attention. He further submits that petitioner is in custody for last four years and earlier on two occasions i.e. on the count of illness of his mother, he was released on interim bail for a period of 20 days & 10 days by the Coordinate Bench of this Court vide orders dated 03.05.2021 and 13.01.2022 in S.B. Criminal Misc. Interim Bail Applications No.4720/2021 & 17308/2021 and during that period, his conduct was found satisfactory. Learned counsel has placed reliance on the conduct report of the petitioner as reported in order of the trial Court. He further submits that there is no likelihood of running away of petitioner from jurisdiction of the Court. He further submits that in the instant interim bail applicatio
The court emphasized the importance of substantiating claims of illness with supporting documents when seeking interim bail.
The court denied interim bail due to lack of serious health issues as per medical reports, while ensuring the petitioner receives adequate medical treatment in custody.
The court may grant interim bail based on the health condition and medical needs of the petitioner.
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 granted interim bail based on the genuine medical grounds for the petitioner's mother's surgery, highlighting the principle of parity with previous bail decisions.
The court granted interim bail on humanitarian grounds, emphasizing the need for emotional support and medical care for the petitioner's seriously ill father.
The court established that the grant of interim bail must consider the applicant's criminal history and the potential risk to public safety, even in light of personal hardships.
Interim bail can be granted based on the serious medical condition of a family member, emphasizing the accused's role as a caretaker.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.