SWARAN SINGH Vs. DRI

JUDGEMENT

(1.) THIS is an application by the petitioner/applicant for extension of interim bail for eight weeks granted by order dated 23rd May, 2008.

(2.) THE applicant contended that he was granted interim bail on 25th January, 2008 on the ground of illness of his wife. The petitioner was released on interim bail and remained on interim bail till 22nd April, 2008. The petitioner surrendered on 23rd April, 2008. Before surrendering on 23rd April, 2008, the applicant had filed another application being Crl. M. (Bail) No. 537/2008. Though the interim bail of the petitioner/applicant was not extended after the expiry of interim bail on 22nd April, 2008, however, pursuant to the said application, the petitioner/applicant was again released on interim bail on 23rd May, 2008 for eight weeks from the date of his release.

(3.) THE application, Crl. M. B. No. 537/2008, was opposed by the respondent on the ground that the petitioner was granted interim bail on 24th March, 2008 on the ground of hospitalization of his wife but the petitioner's wife was discharged on the next day on 25th March, 2008. This Court considered that the wife of the petitioner required rest as had been advised by the doctor and also relied on the prescriptions issued by the Government Medical College, Amritsar, advising physiotherapy as well as neurological treatment to the petitioner"s wife. This Court also considered the fact that it could not be disputed that the wife of the petitioner had undergone a serious surgery on her back on 2nd february, 2008. While granting interim bail by order dated 23rd May, 2008 for eight weeks from the date of release, this Court also relied on the certificate of the Village Panchayat confirming that the family of the petitioner is not a joint family despite the report of the investigating agency that the wife of the petitioner was not living separately and interim bail for eight weeks was granted.