IMPORTANT POINT
The court granted interim bail on humanitarian grounds, emphasizing the need for emotional support and medical care for the petitioner's seriously ill father.

ORDER

Rajendra Prakash Soni, J. - Instant interim bail application has been filed on behalf of the petitioner for releasing him on interim bail for a period of one month on ground of ailment of his father-Jugta Ram aged about 60 years. Petitioner is being tried for an offence punishable under Sections 8/15 & 8/29 of NDPS Act.

2. Learned counsel appearing for the petitioner contends that petitioner's father is suffering from a serious disease of carcinoma hypophyarynx (syuamous cell carcinoma), which is a cancer in throat for which the doctors has advised an operation. Being a son, petitioner is required to stay with his father at the time of surgery. He has invited attention of the court towards various medical treatment record of father of the petitioner along with discharge ticket. A certificate issued by the Sarpanch of Village Ramsar ka kuaan was also submitted. He further submits that in order to demonstrate his bona fides, applicant is prepared to deposit cash money "as security" in the amount deemed appropriate by the court. Lastly, he prayed that in view of the above circumstances petitioner may be granted benefit of interim bail for one month.

3. The Learned Public Prosecutor has opposed the interim bail application asserting that there is a possibility that the petitioner may flee and abscond if interim bail is granted to him. Other family members of applicant can take care of his ailing father. Further, there is no emergency which requires physical presence of the applicant himself. He thus, prayed that having regard to the gravity of the offences alleged against the petitioner, the interim bail application be rejected.

4. Heard the arguments advanced by learned counsel for the applicant, learned public prosecutor and carefully perused the entire material available on record.

5. The fact of the illness of petitioner's father is not disputed rather it is corroborated by various treatment record of All India Institute of Medical Sciences, Jodhpur and some other hospitals of Jodhpur and Barmer.

6. He is already undergoing chemo radiation therapy and medical document has also been submitted indicating that throat cancer is affecting his ears also. His condition is serious. Petitioner has produced a prescription of doctor wherein it is advised by the doctor that the patient needs surgical treatment.

7. In compliance of Court's earlier order, learned Public Prosecutor has submitted a report of Sarpanch of Village, wherein it is mentioned that petitioner is only son of his father. Furthermore, father of petitioner has to be given proper and adequate treatment as well as care.

8. Based on the aforementioned facts, being son of patient and to enable the petitioner to provide proper medical care and emotional support to his severely ill father, this Court is of the view that on the humanitarian ground and in the interest of the justice, the present interim bail application of the accused-petitioner deserves to be allowed and he be released on interim bail for a period of three weeks (21 days) on the ground of the ailment his father-Jugta Ram.

9. Consequently, present interim bail application is allowed and it is ordered that the petitioner Rama Ram S/o Jugta Ram, arrested in connection with F.I.R. No.277/2022 of Police Station Pindwara, District Sirohi, be released on interim bail for a period of 21 days (three weeks) from the date of his actual release from the jail. This is subject to the condition that the petitioner submits a demand draft of a national level bank amounting to Rs. 2,50,000/- made in favour of the trial court. Additionally, the petitioner shall also furnish a personal bond to the tune of Rs. 2,00,000 and two sound sureties, each worth Rs. 1,00,000/- to the satisfaction of the trial court. Out of which, preferably one surety will be a relative of the petitioner possessing documents of immovable property.

10. The petitioner will also submit the documents of the treatment given to the patient during the period of interi