RAMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant interim bail application has been filed on behalf of the petitioner for releasing him on interim bail for a period of one month on ground of ailment of his father-Jugta Ram aged about 60 years. Petitioner is being tried for an offence punishable under Ss. 8/15 & 8/29 of NDPS Act.

(2.) Learned counsel appearing for the petitioner contends that petitioner's father is suffering from a serious disease of carcinoma hypophyarynx (syuamous cell carcinoma), which is a cancer in throat for which the doctors has advised an operation. Being a son, petitioner is required to stay with his father at the time of surgery. He has invited attention of the court towards various medical treatment record of father of the petitioner along with discharge ticket. A certificate issued by the Sarpanch of Village Ramsar ka kuaan was also submitted. He further submits that in order to demonstrate his bona fides, applicant is prepared to deposit cash money "as security" in the amount deemed appropriate by the court. Lastly, he prayed that in view of the above circumstances petitioner may be granted benefit of interim bail for one month.

(3.) The Learned Public Prosecutor has opposed the interim bail application asserting that there is a possibility that the petitioner may flee and abscond if interim bail is granted to him. Other family members of applicant can take care of his ailing father. Further, there is no emergency which requires physical presence of the applicant himself. He thus, prayed that having regard to the gravity of the offences alleged against the petitioner, the interim bail application be rejected.