IN THE HIGH COURT OF MADHYA PRADESH
S. A. Dharmadhikari, J.
Sandeep Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 10046 of 2022
Decided On : 28-02-2022
Interim Bail - Ailment of Mother - The court granted interim bail to the applicant for three weeks due to the ailment of the applicant's mother, who was suffering from second stage cancer. The applicant was directed to comply with various conditions during the bail period.
Fact of the Case:
The applicant was arrested in connection with a case registered under Sections 420, 467, 468, 471 and 34 of IPC. The court granted interim bail for three weeks based on the ailment of the applicant's mother, who was suffering from second stage cancer.
Finding of the Court:
The court found it fit to grant interim bail to the applicant in the interest of justice due to the serious ailment of the applicant's mother.
Issues: Interim Bail, Ailment of Family Member
Ratio Decidendi: The court deemed it fit to grant interim bail based on the serious ailment of the applicant's mother and the facts and circumstances of the case.
Final Decision: The court allowed the application for interim bail and directed the applicant to comply with specified conditions during the bail period. The applicant was granted interim bail for three weeks, and was required to surrender before the trial court on a specified date.
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 Fifty Thousand only) with one local surety of the like amount to the satisfaction of the concerned trial Court.
The applicant shall also furnish a written undertaking before the concerned court that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.
This order will remain operative for a period of three weeks from tomorrow subject to compliance of the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court tor to the Police Officer, as the case may be;
3. If the applicant commits any offence while being on interim bail, then this order shall automatically stand cancelled without reference to the Court.
The applicant shall surrender before the concerned trial Court on 21.03.2022 for being committed to custody.
Let affidavit with regard to surrender be placed on record within three days thereafter.
A copy of this order be sent to the trial court concerned for compliance.
List this case
Certified copy as per rules.
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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