Arbaz Khan vs State

The present interim bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.

No.141/2019, Police Station Sankda, District Jaisalmer for the offences under Sections 498-A, 304-B and 306 of the IPC.

Heard learned counsel for the parties. Perused the material available on record.

Learned counsel for the petitioner submits that the petitioner has got only one kidney and that is also having some stone. He further submits that the

same needs to be operated. He further submits that on earlier occasion when the interim bail was granted by the co-ordinate Bench of this Court vide

order dated 14.10.2020, the petitioner got the treatment but could not be operated and therefore he surrendered as per the directions of the Court

before the Jail Authorities. In the circumstances petitioner may be enlarged on bail for a period of 15 days from the date of his release.

Learned Public Prosecutor as well as learned counsel for the complainant oppose the bail application. However, they submit that the petitioner is

suffering from an ailment in the kidney and the operation is required to be performed.

Having regard to the totality of the facts and circumstances of the case, this Court deems it just and proper to grant interim bail to the petitioner under

Section 439 of Cr.P.C. for a period of 15 days from the date of his actual release.

Accordingly, the interim bail application filed under Section 439 of Cr.P.C. is allowed and it is directed that petitioner - Arbaz Khan S/o Shri Sakhi

Khan shall be released on interim bail for a period of 15 days from the date of his actual release, provided he furnishes a personal bond in the sum of

Rs.1,00,000/- (Rupees: One Lac Only) along with two sureties of Rs. 1,00,000/- (Rupees: One Lac Only) (out of which one of the surety will be of a

close family member) each to the satisfaction of the concerned Jail Superintendent on usual conditions. He shall surrender back before the concerned

Jail Superintendent after completion of 15 days from the date of his release. The concerned Superintendent Jail shall give a date of his surrender.