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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
RAJU @ RAJESH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. By way of filing present interim bail application under Section 439 Cr.P.C., the petitioner has prayed for grant of interim bail for a period of 30 days on the ground of his illness.
2. Learned counsel for the petitioner submitted that the petitioner is suffering from serious disease of cramps in his left Lower Limb. Learned counsel submitted that though he has been provided treatment by the Jail Authorities but there is hardly any improvement in his health condition. Learned counsel submitted that looking to the illness of the present petitioner, he may be granted interim bail for a period of 30 days so that he can get himself treated at a higher medical centre.
3. Per contra, learned Public Prosecutor has opposed the bail application for interim bail and submitted that the petitioner is being provided regular treatment at MDM Hospital, Jodhpur. Learned Public Prosecutor submitted that as per the MRI report of the present petitioner, no serious ailment/deterioration in his health condition has been found. Learned Public Prosecutor submitted that looking to the seriousness of the allegations levelled against the present petitioner, he does not deserve to be enlarged on int
The court denied interim bail due to lack of serious health issues as per medical reports, while ensuring the petitioner receives adequate medical treatment in custody.
The court upheld that adequate medical treatment in custody is sufficient grounds to deny interim bail under Section 439 Cr.P.C.
The main legal point established in the judgment is the consideration of the seriousness of the petitioner's ailment, the feasibility of treatment in jail, and the need for specialized treatment that....
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.
Bail on medical ground – Citizen is having a right to take treatment of his choice, at his own expenses, in a private hospital.
Extension of interim bail based on the serious ailment of a family member.
Fundamental right of inmates to receive adequate healthcare
The judgment established that severe health conditions, including life-threatening diseases and inability to perform routine activities due to infirmity, can qualify for interim bail on medical groun....
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.
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