Application for interim bail in a criminal case was dismissed by the Hon'ble High Court of Rajasthan, Jodhpur. The court rejected the claim of medical emergency for the petitioner's wife due to lack of substantial evidence and availability of other family members.
Petitioner's application for interim bail for a period of one month was dismissed.
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[2024:RJ-JD:23751]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Interim Bail Application No. 4570/2024
Dileep Singh S/o Nathu Singh, Aged About 29 Years, R/o Sisodiya Ka Sanwata, Post Narela, Police Station Chanderiya, Tehsil and Dist. Chittorgarh. (Presently Lodged At Central Jail, Jodhpur).
----Petitioner
Versus
State of Rajasthan, through N.C.B.
----Respondent
For Petitioner(s) : Mr. Ram Niwas. For Respondent(s) : Mr. M.R. Pareek, Spl. PP.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
24/05/2024
Heard learned counsel for the petitioner.
Learned counsel for the petitioner submits that petitioner’s wife is suffering from heart disease and therefore, she has to be taken to higher center for medical treatment. He further submits that there is no other member in the family who can take care of well-being of the petitioner’s wife, therefore, it is prayed that the petitioner may be enlarged on interim bail for a period of one month.
Per contra, learned Special Public Prosecutor submits that as per the report dated 16.05.2024 received from the Medical Officer of the Primary Health Center, the petitioner’s wife is not suffering from any kind of heart disease and she was only suffering from simple fever for which treatment was given. He further submits that there are other family members including parents of the
[2024:RJ-JD:23751]
[CRLMB-4570/2024]
(2 of 2)
petitioner and his wife. Besides, there are four sisters of the petitioner, who can also take care of the well-being of his wife.
Considering the fact that petitioner has failed to place on record the substantial evidence with respect to the heart problem suffered by his wife and the fact that the petitioner and his wife are having all the family members including their parents and sisters, who can take care of well-being of her health, I am not inclined to enlarge the petitioner on interim bail. The present interim bail application is, therefore, dismissed.
(VINIT KUMAR MATHUR),J
41-Shahenshah/-
1 issue framed by the court
Whether the petitioner should be enlarged on interim bail given submissions regarding his wife's medical condition.
Dileep Singh
State of Rajasthan
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
