Rajasthan High Court - Jaipur
Radha Mohan Sharma vs State Of Raj Asthan Through Pp on 1 April, 2011
S.B. CRIMINAL MISC. IIND BAIL APPLICATION NO. 2734/2011 (Radha Mohan Sharma Versus State of Rajasthan) Date of Order :: 1st April, 2011 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Lalit Sharma, Counsel for the petitioner
Mr. G.S. Fauzdar, PP for the State of Rajasthan Shri Lalit Sharma, Advocate has filed this bail application under Section 439 of CrPC on behalf of accused petitioner Radha Mohan Sharma seeking interim bail on the ground that petitioner's father is near about 75 years of age and he has been suffering from heart disease.
2. Learned counsel for the petitioner canvassed that the High Court can grant interim bail under Section 439 of CrPC and the same view has been expressed by the Hon'ble Apex Court in the case of State of U.P. Versus Atique Ahmed reported in 2002 R.C.C. (SC) 179.
3. Learned PP appearing for the state, in contra, has opposed the bail application on the ground that no interim bail can be granted under Section 439 of CrPC, hence the application deserves to be dismissed.
4. Having considered the submissions made at the bar and carefully perused the relevant material including the judgment of State of U.P. Versus Atique Ahmed (supra), it is found that the Hon'ble Apex Court has deprecated the concept of granting interim bail under Section 439 of CrPC. In the case of Atique Ahmed, Allahabad High Court granted a short term bail for a period of four months on medical grounds and also with a view to keep a watch over his future conduct and activities during this period. The Hon'ble Apex Court did not appreciate such order of the Allahabad High court and observed thus:
The observations in the order of the High Court that the applicant is allowed short term bail also with a view for keeping a watch over his future conduct and activities during this period, does not commend us. If a case for release of the applicant on bail is not otherwise made out, he cannot be released on bail for a limited period, only for keeping watch over his future conduct and activities during the period. That part of the order of the High Court is clearly unsustainable.
5. Since only five weeks remained for the bail order to expire, the Hon'ble Apex Court did not intervene therein. However, Hon'ble Apex Court categorically expressed the view that if the case of a bail is not made out, then in such a situation, a short term bail should not be granted. Hence, on this ground, the argument advanced by the learned counsel for the petitioner is not found to be sustainable and the prayer of seeking interim bail under Section 439 of CrPC deserves to be dismissed.
6. For the reasons stated above, the IInd Application seeking interim bail filed on behalf of the petitioner Radha Mohan Sharma, S/o Shri Durga Sahay Sharma stands dismissed.
(MAHESH BHAGWATI),J.
DK/-