This interim bail application under Section 439 Cr.P.C. was filed by an accused in judicial custody due to his mother's medical emergency. The court, without adjudicating case merits, granted interim bail for 15 days subject to a personal bond of ₹2,00,000.
Petitioner released on interim bail for 15 days on a bond of ₹2,00,000 along with two sureties of ₹1,00,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Interim Bail Application No. 1907/2022
Nakul Kumar S/o Ganga Ram, Aged About 26 Years, B/c Purohit, R/o Bhadwal, Tehsil Sanchore, District Jalore. (In Judicial Custody at Sub Jail, Bhinmal, District Jalore)
----Petitioner
Versus
State of Rajasthan through PP
| ----Respondent | |
|---|---|
| For Petitioner(s) | : Mr. J.S. Choudhary, Sr. Advocate assisted by Mr. Pradeep Choudhary |
| For Respondent(s) | : Mr. Mukhtiyar Khan, PP |
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
21/02/2022
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 C.R. Case No.239/2017 at Police Station Sanchore (Jalore) registered for the offences punishable under Sections 323, 307, 302/34, 120-B of IPC.
Heard learned counsel appearing for the petitioner as well as learned Public Prosecutor. Perused the material available on record.
In compliance of the order dated 14.02.2022 passed by this Court, learned Public Prosecutor has submitted the factual report dated 18.02.2022 and stated that factum of illness of petitioner’s mother Kesi Devi has been verified by the SHO, Police Station Sanchore and as per medical document, operation of the appendicitis as well as uterus is required.
(2 of 2)
[CRLMB-1907/2022]
Learned counsel for the petitioner stated that considering the medical condition of the petitioner’s mother, benefit of interim bail for a period of 30 days may be granted to the petitioner.
Having regard to the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case, I deem it just and proper to enlarge the accused-petitioner on interim bail for a period of 15 (fifteen) days from the date of his actual release.
Accordingly, the present interim bail application is allowed and it is directed that accused – petitioner - Nakul Kumar S/o Ganga Ram shall be released on interim bail for a period of 15 (fifteen) days from the date of his actual release, in connection with C.R. Case No.239/2017 at Police Station Sanchore (Jalore), provided he furnishes a personal bond in the sum of ₹2,00,000/(Ruppes Two Lakh) along with two sound and solvent sureties (out of which one shall be of a close family member/relative) of ₹1,00,000/- (Rupees One Lakh) each to the satisfaction of the concerned trial court for his surrender on completion of fifteen days period from the date of his actual release.
The concerned Superitendent of Jail is directed to ensure surrender of the accused-petitioner well within time.
The concerned Jail Superitendent shall also be at liberty to impose any other usual terms and conditions for ensuring the surrender of the petitioner into the prison, after expirty of the period of interim bail.
The present interim bail application stands disposed of accordingly.
(DEVENDRA KACHHAWAHA),J
66-Arvind/-
2 issues framed by the court
Whether to grant interim bail to the accused-petitioner in view of the ill health of his mother?
What conditions and duration should be imposed for the interim bail?
1 provisions across 1 enactments
NAKUL KUMAR S/O GANGA RAM
STATE OF RAJASTHAN THROUGH PP
DEVENDRA KACHHAWAHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
