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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
MUKESH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The present interim bail application under Section 483 BNSS has been filed by the petitioner on the ground that his mother is suffering from nervous blockages in her head/ brain haemorrhage and she has been advised by the doctor for operation. It is also averred in the bail application that there is no other family member to look after the mother of the petitioner. It is therefore, prayed that the petitioner may be released on interim bail for a period of one month.
2. In this regard, learned counsel has placed certificate dated 05.03.2025 issued by the Ananta Institute of medical Sciences & Research Centre, Rajsamand and a certificate dated 07.03.2025 issued by the office of Gram Panchayat Roliya with regard to the ailment of petitioner’s mother. A perusal whereof indicates that the petitioner’s mother has been advised for operation.
3. Learned Public Prosecutor has also not disputed the factum of ailment of petitioner’s mother.
4. Having considered the facts and circumstances of the case, so also the fact that the petitioner’s presence is essential for the treatment of his mother, this Court deems it just and proper to grant interim bail to the accused petitioner for a pe
Interim bail can be granted based on compassionate grounds, such as a family member's medical emergency, subject to conditions ensuring the accused's accountability.
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 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 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 established that interim bail can be granted under Section 439 Cr.P.C. based on compassionate grounds, particularly in cases involving family health emergencies.
Point of Law : NDPS Act - Conviction of 15 years - Dententue to be released on interim Bail.
The court may grant interim bail based on medical grounds without expressing any opinion on the merits/demerits of the case.
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