IN THE HIGH COURT OF MADHYA PRADESH
Sanjay Dwivedi, J.
Ravish Sood Alias Aman – Appellant
Versus
The State of Madhya Pradesh – Respondent
MCRC No. 17988 of 2022
Decided On : 18-04-2022
Temporary Bail - Criminal Procedure - The court granted temporary bail to the applicant for a period of 90 days to look after his pregnant wife who needed to undergo surgery and hospitalization, based on the grounds of humanitarian consideration and the need for someone to care for the wife during her recovery.
Fact of the Case:
The applicant filed for bail under Section 439 of the Code of Criminal Procedure, citing the need to care for his pregnant wife who required hospitalization and surgery.
Finding of the Court:
The court granted the bail application for a period of 90 days, subject to certain conditions, based on the humanitarian grounds of the wife's medical condition and the need for someone to care for her during her recovery.
Issues: The primary issue was whether the applicant should be granted temporary bail to look after his pregnant wife who required hospitalization and surgery.
Ratio Decidendi: The court considered the humanitarian grounds and the need for someone to care for the wife during her recovery as the basis for granting the temporary bail.
Final Decision: The applicant was granted temporary bail for 90 days upon fulfilling certain conditions, including a personal bond and surety, with the requirement to surrender before the trial court on a specified date.
ORDER
1. Ms. Anchan Paney, counsel for the applicant.
2. Shri Pramod Saxena, Government Advocate for the respondent-State. Heard.
3. This first application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail in connection with Crime No.67/2022 registered at Police Station Adhartal, District Jabalpur for the offence punishable under Sections 302, 307, 294, 506, 147, 148, 149, 323, 324 and 34 of I.P.C of IPC.
4. Counsel for the applicant has move the temporary bail for the applicant on the ground that the wife of the present applicant is pregnant and date of delivery is expected in coming week As per the advice of the doctor she has to be hospitalized today itself and there is nobody to look-after her. She further submits that she will have to undergo for surgery and it will take sometime to be recovered. She is asking that three months' temporary bail be granted to the applicant who being the husband to look-after his wife as there is nobody in the family to look-after her.
5. Shri Saxena appearing for the State had been grant time to verify and ascertain the aforesaid fact. As per the report submitte by him the wife of the present applicant is pregnant and is to be hospitalized.
6. On going through existing facts and circumstances of the case, this Court deems it appropriate to consider the bail application of the applicant for a period of 90 days.
7. The applicant be released on temporary bail for a period of 90 days upon his furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lac) with one solvent surety of the like amount to the satisfaction of trial court concerned and also on the condition that the applicant shall:
[a] not take undue advantage of or abuse the liberty. He shall maintain law and order and shall not indulge in any illegal act or offence.
[b] not act in manner injurious to the interest of the prosecution.
[c] not, in any manner, tamper with the evidence and/or induce or influence any witness or complainant or any person connected with the case or acquainted with the facts of the case.
[d] he will not leave the country without permission of the Court.
The applicant would surrender before the Court concerned where trial is pending on 14/07/2022.
Certified copy today.
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.
The Court granted temporary bail for a specified period due to the applicant's personal circumstances, conditioned on adherence to legal requirements.
The court established that interim bail can be granted under Section 439 Cr.P.C. based on compassionate grounds, particularly in cases involving family health emergencies.
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