AI Structured Summary
Not yet generated for this judgment
Judgment
Sindhu Sharma, J
Applicant is one of the accused facing trial in case titled 'State Vs. Tarsem Lal and others' under Section 302/34/102-B RPC in FIR No. 66/2014 registered at Police Station R.S.Pura pending before the court of 1st Additional Session Judge, Jammu. The only ground on which he seeks interim bail is that his mother requires surgery as per the opinion of the doctor, who examined her.
As per the averments, applicant's father is serving in Border Security Force as Sub-Inspector and was posted at Panwari Assam. He according to the applicant is unable to obtain leave for the surgery.
The father of the applicant is Sub-Inspector posted at Panwari Assam and would be in a better position to take care of his wife. There is nothing on record to indicate that his father has applied for leave on the aforesaid ground and the same was denied to him. The applicant has a brother and merely because he is living separately does not necessarily mean that he cannot take care of his mother.
Applicant submits that he was granted interim bail earlier also but never misused the concession of bail, however, that is not the issue here since the illness of his mother being only ground on which the interim bail is sought.
In view of the above, I am of the opinion that the trial court has rightly rejected the application and I find no reason to take a different view, because the father of the applicant is in a better position to take care of his wife and applicant cannot be a substitute for his father, who can provide better health care to his wife. Moreover, the opinion of his mother's medical condition is dated 28.11.2019, and in case she required urgent surgery, she would not have been discharged. If surgery was really required, the applicant would not wait for three months for getting bail, by this time his father would have stepped in and got her treatment. Therefore, there is no merit in this application, which is, accordingly, dismissed.