Interim bail granted on humanitarian grounds with stringent conditions to ensure judicial balance
In a compassionate decision, the Rajasthan High Court has granted interim bail to Vikram Singh Rathore, an under-trial prisoner, to attend to the urgent medical needs of his ailing father. The judgment, delivered by Justice Farjand Ali, underscores the court’s acknowledgment of serious illness as a valid humanitarian ground for temporary release.
Vikram Singh Rathore, incarcerated since September 2019, petitioned for interim bail citing the acute prostate ailment of his father, necessitating immediate surgical intervention. The court recognized the necessity of his presence for medical formalities and post-operative care, which was supported by medical documents indicating the urgency of the surgery.
The State’s counsel did not dispute the medical documentation but recommended stringent conditions if bail was granted. The court obliged, balancing individual liberty with prosecution interests by imposing several conditions. Rathore must furnish a personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each, attend solely for his father’s medical purposes, and surrender post the 40-day bail period. Any breach could lead to bail cancellation.
This decision highlights the judiciary's role in ensuring that legal processes do not impede humanitarian considerations, while maintaining the integrity of ongoing legal proceedings.
Bottom Line:
Interim bail granted on humanitarian grounds for attending to ailing father's urgent surgical needs, with stringent conditions imposed to ensure balance between individual liberty and prosecution interests.
Statutory provision(s): Articles 226 and 227 of the Constitution of India, Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Vikram Singh Rathore v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2863292
