A person in judicial custody may be granted interim bail to care for an ailing family member.

Headnote:
Fact of the Case:

The petitioner, who is in judicial custody for offenses under the NDPS Act, filed an interim bail application under Section 439 Cr.P.C. on the ground that his mother is ailing from cancer and his presence is essential for her care.
Finding of the Court:

The court allowed the interim bail application and ordered the petitioner's release on bail for a period of 30 days from the date of his actual release.
Issues: Whether the petitioner should be granted interim bail to care for his ailing mother.
Ratio Decidendi: The court considered the petitioner's mother's medical condition and the need for his presence to care for her.
Final Decision: The court allowed the interim bail application and ordered the petitioner's release on bail for a period of 30 days.

ORDER

11/03/2024

1. Lawyers are abstaining from appearing before the Court.

2. The present interim bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.125/2023, P.S. Hanumangarh Sadar, Dist. Hanumangarh for the offences under Sections 8/15 & 25 of the NDPS Act.

3. Heard representative of the petitioner and the learned P.P. present on behalf of the State. Perused the material available on record.

4. The instant application has been filed on the ground that mother of the petitioner is ailing from cancer. The presence of the petitioner is essential for the purpose of taking care of her ailing mother, therefore, the temporary bail application filed on behalf of the applicant may be allowed.

her ailing mother.

6. Accordingly, the instnat interim bail application is allowed.

The petitioner shall be released on bail for a period of 30 days from the date of his actual release provided he furnishes a personal bond in the sum of Rs. 1,00,000/- along with two sound and solvent sureties in the sum of Rs.50,000/- each to the satisfaction of concerned trial court. The order shall be effective from the date of the petitioner's release. The concerned jail authority shall give the date of surrender to the petitioner.

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2024 Supreme(Online)(RJ) 2584

Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Bhanwra Ram (Cousin of the petitioner) For Respondent(s) : Mr. Muktiyar Khan, PP HON'BLE MR. JUSTICE FARJAND ALI

A person in judicial custody may be granted interim bail to care for an ailing family member.

Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) :
Mr. Bhanwra Ram (Cousin of the petitioner) For Respondent(s) :
Mr. Muktiyar Khan, PP HON'BLE MR. JUSTICE FARJAND ALI