Babu @ Ishak Ajmeri vs State

Taking into consideration the rise in COVID-19 cases, specifically at Jodhpur and Jaipur, the functioning of Rajasthan High Court, Jodhpur from 14.09.2020 to 01.10.2020 shall be only through video conferencing.

The present criminal misc. application under Section 482 of Cr.P.C. has been filed by the petitioner seeking extension of period of interim bail granted to the petitioner by this Court vide Order dated 26.08.2020 passed in S.B. Criminal Misc. Interim Bail Application No. 9172/2020.

Heard learned counsel for the petitioner through video call and learned Public Prosecutor, present in person. Perused the material available on record.

Learned counsel for the petitioner stated that benefit of interim bail for a period of 15 (fifteen) days has been granted to  the petitioner vide Order dated 26.08.2020 on the ground of marriage of his son and period of that said 15 days was expired on 11.09.2020 but in the meantime, due to illness, accused- petitioner did not surrender before the concerned authority. As per documents submitted by learned counsel, petitioner is hospitalised and advised heart surgery, therefore, interim bail granted to the applicant-petitioner vide order dated 26.08.2020 may be further extended for a period of 10 (ten) months.

Per contra, learned Public Prosecutor stated that soft copies of documents provided by learned counsel for the applicant- petitioner and the said copies of documents are related to various examination reports.

Originally, 15 days interim bail was granted to the applicant- petitioner on the ground of marriage of his son. As per documents submitted by counsel for the petitioner, petitioner was admitted in Smt. Vijya Raje Scindia District Hospital, Neemuch on 07.09.2020 and discharged on 09.09.2020. This application for extension of bail has been filed on 14.09.2020 i.e. after the expiry of date of his surrender. No specific documents are submitted in regard requirement/recommendation of heart surgery.

In above circumstances and having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I am not inclined to extend the period of interim bail under Section 482 Cr.P.C. to the petitioner.

Accordingly, the present application seeking extension of period of interim bail vide order dated 26.08.2020, preferred by the petitioner under Section 482 Cr.P.C. is dismissed.

However, applicant-petitioner-Babu @ Ishak Ajmeri S/o Shri Allarakh is granted 10 days time from 11.09.2020 to surrender before the concerned authority.