Delhi High Court Grants Interim Bail to Man in 27 Cases for Mother's Surgery
The Delhi High Court has granted interim bail for six weeks to a man involved in 27 criminal cases, allowing him to be by his mother's side during her knee replacement surgery. Justice Girish Kathpalia emphasized that a son should not be denied the opportunity to support his mother during medical procedures, even if other relatives are available.
Court's Humanitarian Approach
In a significant ruling, the court observed that the petitioner's mother cannot be expected to endure prolonged suffering while waiting for a knee transplant until her son's trial concludes. The court noted that even though the surgery is elective rather than emergency, it should not be deferred indefinitely, as the patient alone understands the extent of pain and necessity of the procedure.
Justice Kathpalia stated, "Merely because the mother has other relatives to take care of her does not mean that the son should be denied an opportunity to be by her side." This highlights the court's focus on familial bonds and compassionate justice.
Background of the Case
The petitioner has been in jail for approximately five years under charges including the Maharashtra Control of Organised Crime Act, 1999. The state prosecution opposed the bail, arguing that the surgery is elective and can be postponed, and that the petitioner faces serious charges across 27 cases, including three murder trials.
However, the court found that the petitioner was discharged in three of the murder cases, raising questions about the validity of the remaining charges. The investigating officer's lack of awareness regarding challenges to these discharge orders further cast doubt on the prosecution's claims.
Key Arguments and Findings
- The prosecution submitted that the trial is unlikely to conclude within the next three years, meaning the mother would suffer unnecessarily if surgery were delayed.
- The petitioner's counsel, senior advocate Jitendra Sethi, argued that mentioning discharged murder cases indicates potential police fabrication to keep the petitioner incarcerated.
- The court acknowledged that undertrials should be treated with "soft hands" in appropriate circumstances, balancing legal rigor with humanitarian considerations.
Conditions of Bail
The interim bail was granted subject to the petitioner furnishing a personal bond of Rs 50,000 with one surety. The court's decision underscores the principle that even individuals facing multiple charges deserve relief in exceptional situations, particularly when family welfare is at stake.
This ruling sets a precedent for considering personal and medical emergencies in bail applications, reflecting the judiciary's role in upholding both justice and compassion in the legal system.
