Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 2755

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Tanveer Pathan @ Babu Pathan – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 13201 of 2022
Decided On : 02-12-2022

Advocates Appeared:
Kalu Ram Bhati, Advocate, S.D. Chavariya, Advocate, N.S. Bhati, Advocate

Extension of interim bail based on the serious ailment of a family member.

Headnote:
Extension of Interim Bail - Serious Ailment - The court extended the period of interim bail for the petitioner for 30 days due to the serious ailment of his father, who was suffering from Blood Cancer and required further treatment at a higher center.
Fact of the Case:

The petitioner filed an application for the extension of interim bail, citing the serious condition of his father and the need for an operation.
Finding of the Court:

The court found that the condition of the petitioner's father was serious, as confirmed by the report from the Medical Board, and extended the interim bail for 30 days.
Issues: Extension of interim bail period due to serious ailment of family member.
Ratio Decidendi: The court considered the serious medical condition of the petitioner's father as the basis for extending the interim bail period.
Final Decision: The application for the extension of interim bail was allowed, and the bail application was scheduled to be listed again for compliance on 05.01.2023.

JUDGMENT

Manoj Kumar Garg, J. - An application under Section 482 Cr.P.C. has been filed by the counsel for the petitioner for extension of interim bail period for a period of thirty days.

2. Learned counsel for the petitioner submits that this Court vide order dated 20.10.2022 granted interim bail to the petitioner for a period of 30 days on the ground of ailment of his father. Counsel further submits that now the condition of the father of the petitioner is serious and the doctors have advised him to operate his father, therefore, on this ground the period of interim bail granted by this Court may kindly be extended.

3. Learned Public Prosecutor submits a report received from the concerned Medical Board, in which it has been mentioned that petitioner’s father is suffering from Blood Cancer and he is referred to higher center for further treatment.

4. I have considered the arguments and carefully gone through the material available on record.

5. As per the report submitted by the learned Public Prosecutor, the condition of the father of the petitioner is serious, therefore, the period of interim bail, which was granted by this Court vide order dated 20.10.2022, is further extended for a period of thirty (30) days i.e. on 02.12.2022 to 02.01.2023, on the same terms and conditions, as mentioned in the order dated 20.10.2022.

6. An application for extension of interim bail is allowed.

7. Let this bail application be again listed on 05.01.2023, and on that day, learned Public Prosecutor and learned counsel for the petitioner shall be required to submit the compliance of this order.

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