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RAJASTHAN HIGH COURT
Manoj Kumar Garg, J.
Kailash Manju - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 14645 of 2021
Decided On : 01-12-2021
BAIL - INTERIM BAIL APPLICATION - The court rejected the interim bail application under Section 439 Cr.P.C. due to the petitioner's extensive criminal history and the potential risk to public safety, despite the personal circumstances regarding his daughter's health.
Fact of the Case:
The petitioner filed for interim bail for 90 days citing the medical condition of his daughter, Kanchan, who has been suffering from an inner ear problem for three years and required his presence for her scheduled operation.
Finding of the Court:
The court noted the serious nature of the petitioner's criminal background, with 41 cases against him, and the potential risk he posed to society if released, outweighing the personal circumstances presented.
Issues: Whether the petitioner should be granted interim bail considering his daughter's medical condition against his extensive criminal record.
Ratio Decidendi: The court emphasized that the safety of the public is paramount and that the petitioner's history as a hardcore criminal justified the denial of bail despite the personal circumstances.
Result: The interim bail application was rejected.
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed on behalf of the petitioner under Section 439 Cr.P.C. seeking interim bail for a period of 90 days on the ground of ailment of his daughter.
2. Learned counsel for the petitioner submits that the petitioner’s daughter, namely, Kanchan is suffering from inner ear problem since 3 years and her operation is fixed for today. The presence of the petitioner is very much essential. In these circumstances, the petitioner may be released on interim bail.
3. Learned Public Prosecutor opposed the prayer of the petitioner.
4. A report from the Medical Officer was called by this Court, in which it is mentioned that the hearing problem of the petitioner’s daughter was going on since last three years. An ear machine has already been fixed and her treatment is going on. The antecedent report of the petitioner also shows that he is a hardcore criminal. There are as many as 41 cases registered against him and if he is released on interim bail, he will cause harm to some persons.
5. No case for grant of interim bail is made out.
6. Accordingly, the interim bail application preferred by the petitioner under Section 439 Cr.P.C. is hereby rejected.
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.
Extension of interim bail based on the serious ailment of a family member.
The court balanced the essential nature of the appellant's presence at a family function with the seriousness of the allegations against him in granting interim bail for a limited period with specifi....
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 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 has the discretion to grant interim bail for genuine reasons, such as arranging for the surgery of a seriously ill family member.
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's decision on interim bail applications is influenced by the specific grounds presented in the bail applications and the nature of accusations in the FIR.
The judgment emphasizes the court's duty to consider humanitarian concerns while balancing the seriousness of the offence and the well-being of the accused's family, particularly the psychological re....
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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