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S. A. DHARMADHIKARI
Sandeep Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
S. A. Dharmadhikari, J. - Learned counsel for the rival parties are heard.
Heard on I.a. No.3058/2022, an application for grant of interim bail on the ground of ailment of mother of the applicant.
The applicant has been arrested on 10.12.2021 by Police Station Tendukheda, District Narsinghpur (M.P.), in connection with Crime No.409/2021 registered in relation to the offence punishable under Sections 420, 467, 468, 471 and 34 of IPC.
This Court vide order dt.18.02.2022 has requisitioned the report from the concerned Government Doctor with regard to ailment of the mother of the applicant.
Report dt.20.02.2022 has been submitted by Dr. Rameshwar Patel, Medical Officer, CHS Tendukheda, District Narsinghpur, in which it is stated that mother of the applicant is suffering from second stage cancer.
Thus, looking to the facts and circumstances of the case and in the interest of justice this Court deems it fit to grant interim bail to the applicant for a period of three weeks.
accordingly, I.a. No.3058/2022 is allowed and it is directed that the applicant be released on interim bail for a period of three weeks from tomorrow, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees
Granting of interim bail based on the serious ailment of a family member.
The court granted interim bail based on the genuine medical grounds for the petitioner's mother's surgery, highlighting the principle of parity with previous bail decisions.
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 has the discretion to grant interim bail based on humanitarian grounds, such as the illness of a family member requiring the presence and support of the accused.
The court has the discretion to grant interim bail for genuine reasons, such as arranging for the surgery of a seriously ill family member.
The severity of a family member's illness can be a valid ground for granting interim bail, even if opposed by the State.
The court held that totality of circumstances should be considered when evaluating requests for extension of interim bail, particularly in cases involving medical emergencies.
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