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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
DINESH MEHTA,
VINIT KUMAR MATHUR
Asharam Alias Ashumal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The present application has been filed by the applicant under section 389 of Code of Criminal Procedure, 1973, who is serving sentence and is lodged in Central Jail, Jodhpur on account of his conviction vide order dated 25.04.2018 passed by the Special Judge, POCSO Act Cases, Jodhpur in Sessions Case No.116/2016.
2. Mr. Bora, learned counsel for the applicant invited Court’s attention towards the order dated 07.01.2025 which has been passed by Hon’ble the Supreme Court in Special Leave to Appeal (Crl.) No.15945/2024 in applicant’s own case and submitted that the applicant was convicted vide judgment and order dated 31.01.2023 passed by the District and Sessions Judge, Gandhinagar in Session Case No.34/2014 and the same was affirmed by High Court of Gujarat by judgment and order dated 29.08.2024 and the Special Leave to Appeal (Crl.) filed by him before Hon’ble the Supreme Court for interim bail had been allowed upto 31.03.2025 on medical grounds.
3. He prayed that similar indulgence be granted to the applicant as has been granted by Hon’ble the Supreme Court in the above referred order so that he can get proper medical treatment. He submitted that the petitioner would abide
The court grants interim bail on medical grounds, emphasizing the necessity of considering the applicant's serious health issues in the context of his conviction under the POCSO Act.
The main legal point established in the judgment is that the court must carefully consider relevant aspects and not pass orders for bail and suspension of sentence as a matter of routine, especially ....
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 main legal point established in the judgment is that the court has the authority to grant bail on medical grounds, even in cases involving statutory restrictions, if the circumstances warrant suc....
Bail suspension petition dismissed despite mental illness claim; prior suspensions noted, medical treatment directed.
Offence of Rape - Cancellation of bail - Rejection of bail when bail is applied for is one thing; cancellation of bail already granted is quite another. It is easier to reject a bail application in a....
The court emphasized that a petitioner's medical condition can justify the granting of interim bail, irrespective of the merits of the case.
The discretion to grant bail lies with the judge, considering the severity of the offence, the presumption of innocence, and the right to speedy trial. Humane treatment of prisoners with ailments is ....
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