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ALOK KUMAR VERMA
Sonu Saini – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Alok Kumar Verma, J. - The applicant-accused-Sonu Saini is in custody in connection with Case Crime No. 48 of 2021, registered with Police Station Shyampur, District Haridwar under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Learned counsel appearing for the State requested 15 days time to file objection(s) to the third bail application.
3. List this case on 01.03.2023.
4. The surgery of the applicant's mother was scheduled on 10.01.2023, so on 23.12.2022, the Co-ordinate Bench granted short-term bail to the applicant for a period of three weeks. The applicant had surrendered on 27.01.2023, after the expiry of the period of the short term bail.
5. Mrs. Sheetal Selwal, learned counsel appearing for the applicant, submitted that surgery of the mother of the applicant was postponed due to some complication, and, now, surgery is fixed for 06.02.2023.
6. Learned counsel appearing for the State submitted that two weeks' period for short term bail will be appropriate.
7. Considering the facts and circumstances of the present matter, this short-term bail application is allowed for a period of two weeks' from the date of the release of the applicant.
8. Let
Courts may grant short-term bail for specific compassionate reasons, such as medical emergencies within the accused's family.
The court has the discretion to grant short term bail based on family circumstances.
The court held that totality of circumstances should be considered when evaluating requests for extension of interim bail, particularly in cases involving medical emergencies.
Granting interim bail on medical grounds requires verifying clinical documentation and assessing the applicant's past compliance with court orders. When humanitarian needs are balanced with strict bo....
The court established that short term bail can be granted on medical grounds, emphasizing the right to health under Article 21, despite the severity of the charges.
Bail can be granted under Section 439 Cr.P.C. when there is a lack of evidence for the charges and when the duration of judicial custody is deemed excessive.
The court has the discretion to grant interim bail under Section 439 of the Code of Criminal Procedure, 1973 based on the specific circumstances of the case.
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