RADHA MOHAN SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SHRI Lalit Sharma, Advocate has filed this bail application under Section 439 of Code of Criminal Procedure on behalf of accused Petitioner Radha Mohan Sharma seeking interim bail on the ground that Petitioner's father is near about 75 years of age and he has been suffering from heart disease.

(2.) LEARNED Counsel for the Petitioner canvassed that the High Court can grant interim bail under Section 439 of Code of Criminal Procedure and the same view has been expressed by the Hon'ble Apex Court in the case of State of U.P. v. Atique Ahmed reported in, 2002 R.C.C. (SC) 179.

(3.) HAVING considered the submissions made at the bar and carefully perused the relevant material including the judgment of State of U.P. v. Atique Ahmed (supra), it is found that the Hon'ble Apex Court has deprecated the concept of granting interim bail under Section 439 of Code of Criminal Procedure . In the case of Atique Ahmed, Allahabad High Court granted a short term bail for a period of four months on medical grounds and also with a view to keep a watch over his future conduct and activities during this period. The Hon'ble Apex Court did not appreciate such order of the Allahabad High court and observed thus: