Interim bail to meet ailing kin aligns with rights: Punjab and Haryana High Court : The Tribune India

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Interim bail to meet ailing kin aligns with rights: Punjab and Haryana High Court

Ruling comes on plea filed by accused who wanted to visit critically ill father

Interim bail to meet ailing kin aligns with rights: Punjab and Haryana High Court


Tribune News Service

Saurabh Malik

Chandigarh, April 23

Virtually setting a precedent for compassionate jurisprudence, the Punjab and Haryana High Court has made it clear that granting interim bail to a person facing incarceration for meeting an ailing kin is vital and in sync with the fundamental right to life and personal liberty. Justice Harkesh Manuja said such a decision was crucial in recognising the humanitarian aspect of the situation.

Compassionate measure

Granting interim bail in such circumstances is imperative as a compassionate measure that recognises the humanitarian aspect of the situation. Allowing the petitioner to be with his critically ill father during his final moments would uphold the principles of human dignity and family values. Justice Harkesh Manuja

The ruling came on a petition filed by an accused in a drugs case wanting to be with his critically ill father. The Bench was told that the petitioner, seeking four-week interim bail, was implicated in an FIR registered in 2022 under the NDPS Act. He was in custody for the past about 17 months.

The Bench was told that his father was in the last stage of his life, as he was suffering from blood cancer and liver enlargement, besides other ailments. As such, he was required to be granted interim bail to take care of his father.

Justice Manuja asserted: “Granting interim bail in such circumstances is imperative as a compassionate measure that recognises the humanitarian aspect of the situation. Allowing the petitioner to be with his critically ill father during his final moments would not only uphold the principles of human dignity and family values, but also acknowledges the emotional and psychological support needed during such trying times”.

Justice Manuja added it additionally aligned with the fundamental right to life and personal liberty enshrined

in Article 21 of the Constitution and ensured that individuals had the opportunity to be with their loved

ones during the times of extreme distress.

After considering the legal aspects and taking a humanitarian view of the situation, the judge granted six-week interim bail, subject to his furnishing adequate bail/surety bonds to the satisfaction of the trial court/Duty Magistrate concerned.

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