Surendra vs State Of Rajasthan

Rameshwar Vyas, J

The present interim bail application under Section 439 of Cr.P.C. has been filed by the petitioner, who is in custody in connection with F.I.R. No. 157/2021, Police Station Hamirwas, District Churu for the offences punishable under Sections 302, 307, 365, 511, 504, 341, 427, 147, 148, 149 & 120-B of I.P.C. on the ground of his ailment.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material on record.

Learned counsel for the petitioner submits that petitioner is suffering from hernia and is undergoing treatment at Government D.B. Hospital, Churu and P.B.M. Hospital, Bikaner. As per his contention, treating doctor has advised him to undergo surgery. The copies of medical prescriptions have been filed along with bail application. Learned counsel for the petitioner, therefore, prays that the petitioner may be released on interim bail for a period of two months.

Learned Public Prosecution has verified the factum of ailment of the petitioner and placed on record a copy of the Letter dated 04.08.2022 issued by the S.H.O. Police Station Hamirwas, District Churu.

As per verification report produced on record, it reveals that concerned Medical Jurist, D.B. Affiliated Group of Hospital, Churu after going through documents pertaining to medical treatment of the petitioner, has informed that the petitioner is suffering from umbilical hernia and requires operative surgery.

Having regard to the totality of the facts and circumstances of the case as also ground mentioned by the petitioner and verified by the State, 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 one month.

Accordingly, present interim bail application filed under Section 439 of Cr.P.C. is allowed and it is directed that the petitioner - Surendra S/o Mahaveer shall be released on interim bail for a period of thirty days from the date of his actual release from prison in connection with F.I.R. No. 157/2021, Police Station Hamirwas, District Churu provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees: One Lac Only) along with two sureties of Rs.50,000/- (Rupees: Fifty Thousand) each to the satisfaction of the concerned Jail Superintendent. The concerned Jail Superintendent shall be at liberty to impose any other usual terms and conditions for surrender of the petitioner after expiry of period of interim bail. He shall also give date for surrender of the petitioner after expiry of a period of thirty days from the date of his actual release from prison.

Learned Public Prosecutor shall apprise this Court regarding petitioner's surrender before the jail authorities after expiry of interim bail, on the next date of hearing.

List the matter after five weeks for compliance.