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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Kumar Verma, J.
Sonu Saini - Appellant
Versus
State of Uttarakhand - Respondent
Third Bail Application No. 7 of 2023, Short Term Bail Application (I.A. No. 1 of 2023)
Decided On : 06-02-2023
Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail Application - Short-term bail granted to the accused for two weeks for the purpose of his mother's surgery.
Fact of the Case:
The accused, in custody for a case under the Narcotic Drugs and Psychotropic Substances Act, 1985, applied for short-term bail due to his mother's scheduled surgery.
Finding of the Court:
The court allowed the short-term bail application for a period of two weeks to enable the accused to attend his mother's surgery, with the condition of surrendering at the end of the bail period.
Issues: The main issue was the request for short-term bail due to the medical needs of the accused's mother.
Ratio Decidendi: The court considered the circumstances and granted the short-term bail for the specific purpose of the mother's surgery, balancing the interests of justice and the medical needs of the accused's family.
Final Decision: The accused was granted short-term bail for two weeks to attend his mother's surgery, with the condition of surrendering at the end of the bail period.
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 the applicant be released on short-term bail for a period of two weeks from the date of his release on furnishing a personal bond of Rs.30,000/- with two reliable sureties, each in the like amount to the satisfaction of the concerned Court. The applicant shall surrender at once before the concerned Court on expiry of the period of the short-term bail, who will remand him to judicial custody.
9. Let a certified copy of this order be supplied, today itself, to the learned counsel for the applicant, on payment of usual charges.
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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