Interim bail application allowed on humanitarian grounds due to the appellant's father's severe head injuries and lack of caretaker. Bail granted for 25 days subject to bond and sureties.
Released on interim bail for 25 days with a personal bond of Rs. 1,00,000 and two sureties of similar amount.
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SB Criminal Misc. IIIrd Suspension of Sentence (Interim Bail) Application No. 1322/2016 in
SB Criminal Appeal No. 673/2015
Kapil Punjabi son of Shri Shivraj Singh, aged about 34 years, by caste Punjabi, resident of House No. 1, Jawahar Nagar, Kota, District Kota (Rajasthan) (presently confined in Central Jail, Jaipur)
….Accused Appellant
Versus
The State of Rajasthan through PP
2nd December, 2016
HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA
Mr. Rajneesh Gupta, counsel for the accused applicant Dr. RS Shekhawat, P.P. for the State
This IIIrd suspension of sentence (interim bail) application has been filed by the applicant under Section 389 CrPC.
Learned counsel for the accused appellant has contended that appellant’s father Shivraj Singh met with an accident on 6.11.2016. Immediately he was admitted to General Hospital, Kota, wherein it was found that father of the appellant has sustained fracture of b/1 medial and lateral pteryogoid plate. Linear fracture of anterior, posterior and lateral wal b/1 maxillary sins and posterior wall of sphenoid sinus. B/1 maxillary and sphenoid sinus haemosinus. He has further contended that except the accused appellant, there is no other person to take care of his father and on account of which he is not in a position to remain at Government Hospital for his treatment.
Vide order dated 16.11.2016, this Court directed the learned Public prosecutor to verify the fact from the concerned SHO as to whether the father of accused appellant has met in accident or not and whether he is suffering from the aforesaid disease. Pursuant thereto, the SHO, Police Station, Sanganer, Jaipur (East) has submitted the CT Scan report and other medical documents of the father of the appellant with his report dated 1.12.2016 and according to which due to head injury, the father of the appellant is suffering from the aforesaid injury. The copy of the report dated 1.12.2016 submitted by SHO, Police Station, Sanganer, Jaipur (East) alongwith the documents submitted before this Court, should be kept on record.
Learned Public Prosecutor has opposed the same.
Having heard the learned counsel appearing for the respective parties and carefully scanned the entire material available on record, on humanitarian ground, I deem it fit and proper to release the accused appellant on interim bail for a period of 25 days.
For the aforesaid reason, the IIIrd suspension of sentence (interim bail) application filed on behalf of the accused appellant is allowed and accused appellant Kapil Punjabi son of Shri Shivraj Singh is ordered to be released on interim bail for a period of 25 days on following conditions:
Lakh) with two sureties of the like amount to the satisfaction of the learned trial Court.
ii) He will not commit any offence during the period of interim bail. If he commits any offence during the period of interim bail, then the order passed by this Court shall stand automatically cancelled. iii) He will surrender before the jail authorities on or before the completion of interim bail period and if he does not surrender before the jail authorities on or before completion of the interim bail period, the concerned jail authorities will be free to take action against him in accordance with law.
(Mahesh Chandra Sharma) J.
DK
All corrections made in the judgment / order have been incorporated in the judgment / order being E-mailed. Dilip Khandelwal PA
1 issue framed by the court
Whether to grant interim bail considering the illness of the appellant's father.
1 provisions across 1 enactments
Kapil Punjabi
The State of Rajasthan
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
