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SANDEEP MEHTA
Suman – Appellant
Versus
State – Respondent
JUDGMENT
Sandeep Mehta, J. - The instant interim bail application under Section 439 CrPC has been preferred by the petitioner Suman W/o Raysingh, who is in custody in connection with the F.I.R. No.23/2021 registered at the Police Station Hanumangarh Town, District Hanumangarh for the offences under Sections 302, 364 and 201 IPC.
2. Heard learned counsel for the parties and perused the material available on record.
3. The petitioner seeks interim bail on the ground that she as well as her husband Raysingh are lodged in the jail and in their absence, their three children have been led to destitution because there is no able-bodied person in the family, who can look after them.
4. Learned Public Prosecutor has placed on record verification report received from the SHO, Police Station Hanumangarh Town, as per which, the petitioner has three children, of whom two daughters are aged 13 and 9 years and one son is aged 11 years. The elder daughter is specially abled/mentally challenged. The mother-in-law of the petitioner is aged 75 years.
5. In this background and taking a humanitarian view of the matter, this court is of the opinion that the petitioner deserves indulgence of interim bail for
The court established that humanitarian considerations can influence the granting of interim bail under Section 439 CrPC, particularly in cases involving the welfare of dependents.
The court may grant interim bail on humanitarian grounds to address the destitution of the accused's dependents.
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 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 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.
Interim bail under Section 439 Cr.P.C. can be granted based on personal circumstances, but must consider the gravity of the offense.
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