Rajasthan High Court - Jodhpur
Dashrath Singh vs State Of Rajasthan (2023/Rjjd/012252) on 26 April, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023/RJJD/012252]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Interim Bail Application No.
4353/2023
Dashrath Singh S/o Sh. Rewat Singh, Aged About 33 Years, B/c
Rajput, R/o Near Pani Ki Tank, Khema Ka Kua, Jodhpur.
(Presently Lodged In Central Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Himanshu Purohit
For Respondent(s) : Mr. S. S. Rajpurohit, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 26/04/2023 The present interim bail application under Section 439 Cr.P.C. has been filed by the petitioner-Dashrath Singh S/o Sh. Rewat Singh who is in custody in connection with F.I.R. No.167/2017, Police Station Shastri Nagar, District Jodhpur for the offence under Section 302, 201/511 of IPC, on the ground of the treatment of the petitioner's father and son, both of whom are ailing, undergoing treatment and need surgery.
Learned counsel for the petitioner submitted that from perusal of the medical documents submitted by learned Public Prosecutor regarding ailment of the son of the petitioner who is aged 9 years old, it is apparent that he is suffering from Muscular Dystrophy in both upper and lower limbs indicating a 65 percent disability (Limb Gridle Dystrophy without Calt in Involvement Gafcs Level-1) and is undergoing treatment at AIIMS, Jodhpur. (Downloaded on 26/04/2023 at 11:13:44 PM) [2023/RJJD/012252] (2 of 3) [CRLMB-4353/2023] Further, is in need for test and procedures for which he will be admitted and subsequently, future diagnosis will take place. The appointment for the same is scheduled on 27.04.2023 at Gleneagles Global Hospitals, Hyderabad. It was further submitted by the learned counsel that the father of the petitioner also needs to undergo Bilateral Lung Transplantation, since he is suffering from Interstitital Lung disease (ILD). The appointment for the father of the petitioner is scheduled on 25.04.2023 at KIMS Hospitals, Secunderabad. Looking into the above mentioned fact, the counsel for petitioner prays that the petitioner may be enlarged on interim bail for a period of 20 days.
Learned Public Prosecutor verified the above mentioned fact with regards to the ailment of the petitioner's son and father.
Having regard to overall facts and circumstances of the case and keeping in view the fact that the petitioner is required to accompany his ailing son and father for their treatment, this Court deems it just and proper to release the petitioner on interim bail for a period of twenty (20) days.
Accordingly, the interim bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner-Dashrath Singh S/o Sh. Rewat Singh in F.I.R. No.167/2017, Police Station Shastri Nagar, District Jodhpur, be released on interim bail for a period of Twenty (20) days, provided he furnishes a personal bond in a sum of Rs.4,00,000/- with two sound and solvent sureties in the sum of Rs.2,00,000/- (out of which one surety will be a close relative of the petitioner) each to the satisfaction of learned trial court for his surrender on completion of Twenty (20) days.
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[2023/RJJD/012252] (3 of 3) [CRLMB-4353/2023] Let this bail application be again listed on 18.05.2023, and on which date, learned Public Prosecutor shall be required to submit the compliance report of the order whether petitioner has surrendered or not.
(KULDEEP MATHUR),J 133-KshamaD/-
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