KARAN Vs. STATE

JUDGEMENT

(1.) The present application U/s 439 R/w Sec. 482 of the Cr.P.C. has been filed by the applicant/petitioner seeking grant of interim bail to him on the ground that his mother is seriously ill and she is suffering from degenerative disc disease which is to be operated upon.

(2.) It is submitted by the Ld. counsel for the applicant/petitioner that the petitioner has been previously enlarged on interim bail but he has never misused the indulgence shown by the Courts. It is further submitted by the Ld. counsel for the petitioner that on previous occasion when the petitioner was granted interim bail on the ground of surgery of his mother on 17/5/2023, the surgery had to be deferred on 29/5/2023 as the petitioner could not be released in time on bail and on 29/5/2023, the surgery could not take place since the interim bail granted to the petitioner was expiring on 30/5/2023 and the doctors opined that she needed support of the attendant for a longer period.

(3.) It is submitted by the Ld. APP for the State that no doubt, surgery of the mother of the petitioner has been opined but the petitioner has been previously released on interim bail for this purpose but he has not taken any concrete steps in order to get the surgery performed on his mother. He further submitted that even if the petitioner was released on 18/5/2023, he could have arranged for the surgery of his mother thereafter and before the date of his surrender but he is simply delaying the surgery of his mother so as to remain out of jail on one pretext or the other.