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RAJASTHAN HIGH COURT
Devendra Kachhawaha, J.
Banshi Lal - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Interim Bail Application No. 9957 of 2021
Decided On : 13-08-2021
INTERIM BAIL - NDPS ACT - The court granted interim bail under Section 439 Cr.P.C. for a period of 15 days, considering the serious health condition of the petitioner's wife and the need for his presence to assist in her treatment, despite the availability of other family members. The decision reflects the court's discretion in balancing the rights of the accused with the interests of justice.
Fact of the Case:
The petitioner, Banshi Lal, is in judicial custody for an offence under the NDPS Act. He applied for interim bail, citing his wife's serious health issues and the inadequacy of other family members to care for her.
Finding of the Court:
The court acknowledged the petitioner's wife's health condition but noted that other family members were available. However, it deemed it just to grant interim bail for 15 days to allow the petitioner to assist his wife.
Issues: Whether the petitioner should be granted interim bail considering the health condition of his wife and the circumstances of the case.
Ratio Decidendi: The court exercised its discretion under Section 439 Cr.P.C., emphasizing the importance of the petitioner's role in caring for his wife while balancing the need for judicial custody.
Result: The interim bail application was allowed for 15 days, subject to conditions including a personal bond and sureties.
ORDER
1. The present interim bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.76/2020, Police Station Karwad, District Jodhpur, registered for the offence under Section 8/15 of NDPS Act.
2. Heard learned counsel for the petitioner and learned Public Prosecutor present in person. Perused the material available on record.
3. In compliance of earlier order dated 06.08.2021 passed by this Court, learned Public Prosecutor has submitted factual report and verified the fact that petitioner's wife is suffering from serious decease but also stated that as per factual report, nine other family members are available in petitioner's family to take care of petitioner's wife.
4. In reply, learned counsel for the petitioner stated that since accused-petitioner is husband and his wife is suffering from serious gynaecological problem, therefore other family members cannot properly take care and assist petitioner's wife in her required treatment. Therefore, he prayed that interim bail for a period of one month may be granted to the accused-petitioner.
5. Having regard to the facts and circumstances of the case and in the interest of justice, without expressing any opinion on the merits/demerits of the case, I deem it just and proper to enlarge the accused-petitioner on interim bail under Section 439 Cr.P.C. only for a period of 15 days from the date of his actual release.
6. Accordingly, the interim bail application filed under Section 439 Cr.P.C. is allowed and it is directed that accused-petitioner -Banshi Lal S/o Sh. Mahi Ram, shall be released in connection with FIR No.76/2020, Police Station Karwad, District Jodhpur, on interim bail for a period of 15 days from the date of his actual release from prison on usual terms and conditions to be imposed by the concerned Jail Superintendent and concerned Superintendent of Jail is directed to ensure surrender of the accused-petitioner provided he furnishes a personal bond in the sum of Rs.2,00,000/-along with two sound and solvent sureties of Rs. 1,00,000/- (out of which one shall be of a close family member) each to the satisfaction of the concerned Jail Superintendent on usual conditions. The concerned Jail Superintendent shall be at liberty to impose any other usual terms and conditions for surrender of the petitioner in prison.
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'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.
Interim bail under Section 439 Cr.P.C. can be granted based on personal circumstances, but must consider the gravity of the offense.
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 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 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....
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