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RAJNESH OSWAL
Abdul Rashid Malik – Appellant
Versus
Union Territory of J&k – Respondent
JUDGMENT
Rajnesh Oswal, J. - Vide order dated 11.11.2021, the petitioner was granted interim bail.
2. Mr. O. P. Thakur, learned counsel for respondent No. 2 submits that there are serious allegations against the petitioner and even statement of the prosecutrix has also been recorded, as such, he submits that interim bail granted to the petitioner be cancelled.
3. Ms. Aarushi Shukla, learned counsel for the petitioner submits that there are no allegations against the petitioner for violating any condition imposed by this Court while granting bail and it shall be travesty of justice if the petitioner who is 75 years of age is sent to the jail, when the statement of the prosecutrix has been recorded.
4. Without commenting upon the merits of the case, this Court is of the considered view that the interim bail granted to the petitioner vide order dated 11.11.2021 is required to be made absolute particularly in view of the fact that the petitioner is 75 years of age at present and there are no allegations that he has violated any condition imposed by this Court while grating bail.
5. Viewed thus, interim bail granted to the petitioner vide order dated 11.11.2021 is made absolute on the same t
The court considered the age of the petitioner and the absence of allegations of bail condition violations in making the interim bail absolute.
The court has the discretion to make interim bail absolute based on the filing of the response and supplementary charge-sheet.
The period of interim bail does not count towards the detention period for statutory bail eligibility under the BNSS.
Compliance with the conditions of an interim bail order and joining the investigation can lead to the court making the interim bail order absolute.
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....
The main legal point established in the judgment is that the grant of bail is the general rule and putting a person in jail is an exception. The court emphasized the presumption of innocence and the ....
Bail is a rule and jail is an exception; prolonged incarceration without trial violates the right to personal liberty and speedy trial.
Prolonged incarceration with no prospect of the trial coming to an end makes a case for the grant of bail. Granting bail only for a limited duration is illegal and violates the right to liberty under....
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