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RAJASTHAN HIGH COURT
Devendra Kachhawaha, J.
Pushkar Lal Ahir - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Application No. 175 of 2021
Decided On : 29-06-2021
BAIL - INTERIM BAIL EXTENSION - The court granted an extension of interim bail for the petitioner due to the serious health condition of his wife, interpreting the provisions of Section 482 Cr.P.C. to allow for compassionate considerations in bail applications. The court emphasized the importance of balancing the rights of the accused with the circumstances necessitating bail, leading to the decision to extend the interim bail for an additional seven days.
Fact of the Case:
The petitioner was granted interim bail on 23.06.2021 for the treatment of his seriously ill wife. The petitioner sought an extension of this bail due to his wife's deteriorating health condition, as indicated by a medical certificate.
Finding of the Court:
The court found that the circumstances surrounding the petitioner's wife's health warranted an extension of the interim bail. Despite opposition from the Public Prosecutor, the court deemed it just to extend the bail for an additional period.
Issues: Whether the interim bail granted to the petitioner should be extended based on the health condition of his wife.
Ratio Decidendi: The court applied Section 482 Cr.P.C. to extend the interim bail, highlighting the need for compassion in cases involving serious health issues of family members, while also ensuring compliance with bail conditions.
Result: The court allowed the application, extending the interim bail for a further period of 7 days, requiring the petitioner to surrender before the Jail Superintendent on 09.07.2021.
JUDGMENT
Devendra Kachhawaha, J. - Heard learned counsel for the petitioner, through VC as well as learned Public Prosecutor, present in person on the application under Section 482 Cr.P.C. for extending the time period of interim bail granted by this Court vide order dated 23.06.2021 passed in S.B. Criminal Misc. Bail (Interim) Bail Application No.7787/2021.
2. Learned counsel for the petitioner stated that the petitioner was enlarged on interim bail vide order dated 23.06.2021 for treatment of his wife. Learned counsel has further stated that petitioner's wife is seriously ill and as per medical certificate, which is mentioned at page no.8, operation of petitioner's wife could not be possible due to random blood sugar. He, therefore, prays that benefit of interim bail granted to the petitioner may be extended for a further period of two months.
3. Learned Public Prosecutor has opposed the application and stated that despite all facts narrated earlier in S.B. Criminal Misc. Bail (Interim) Bail Application No.7787/2021, vide order dated 23.06.2021, seven days interim bail was granted to the accused-petitioner, therefore, the application for extending the time period of interim bail may not be granted to the accused-petitioner.
4. Having regard to the totality of the facts and circumstances of the case, this Court deems it just and proper to extend the benefit of interim bail granted to the petitioner for a further period of 7 days from the date when he has to surrender before the concerned Jail Superintendent.
5. Accordingly, the criminal misc. application filed by the petitioner is allowed. The interim bail granted to the petitioner vide order dated 23.06.2021 is extended for a further period of 7 days. The applicant-petitioner shall comply with the requirements of the interim bail granted earlier and would surrender positively before the concerned Jail Superintendent in the morning of 09.07.2021.
6. The application stands disposed of accordingly.
The court established that interim bail can be extended under compassionate grounds, particularly in cases involving serious health issues of family members, while maintaining the necessity for compl....
The court has the discretion to extend the benefit of interim bail based on the totality of the facts and circumstances of the case.
Extension of interim bail based on the serious ailment of a family member.
The court held that totality of circumstances should be considered when evaluating requests for extension of interim bail, particularly in cases involving medical emergencies.
The court has the discretion to extend the period of interim bail based on the ongoing circumstances of the appellant's family members' health conditions.
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