2023 (1) TMI 1235 - HC - Customs

Seeking grant of bail - case made out for bail is applicant's wife regularly takes treatment of a doctor and in coming time she would be hospitalized for the delivery of a child and since there is nobody to look-after the applicant's wife, therefore, three months' temporary bail be granted to the applicant - HELD THAT - Keeping the facts in totality, the applicant is a low paid employee being a driver. The other main accused are already in jail and his wife has delivered the child. Considering the facts and circumstances of the case, the application is allowed and applicant-Dhiraj Rai is directed to be released temporarily on bail for the period of one month from the date of his release upon his furnishing personal bond in the sum of Rs.20,000/- with one solvent surety in the like amount to the satisfaction of the learned trial Court. Application allowed.

Summary

Issues Involved:
Grant of temporary bail under Section 439 of the Code of Criminal Procedure, 1973 for an applicant in custody for offences under Section 104 and 135 of the Customs Act, 1962 due to his wife's imminent delivery.

Comprehensive Analysis:

1. Application for Temporary Bail: The judgment pertains to a temporary bail application under Section 439 of the Code of Criminal Procedure, 1973 filed by the applicant who is in custody since a specific date in connection with a case registered under the Customs Act, 1962. The application was made on the grounds of the applicant's wife being pregnant and expecting delivery in the near future, necessitating his presence for her care and support during this critical period.

2. Grounds for Bail: The applicant's wife, as per the prosecution's story, is receiving medical treatment in anticipation of childbirth, and due to the lack of anyone to look after her during this time, the applicant sought temporary bail for three months. The applicant's counsel highlighted that the applicant, who worked as a driver, had been in custody for eight months, and with the other main accused already incarcerated, his presence was crucial for his wife's well-being.

3. Opposition and Decision: The Government Advocate opposed the bail application citing the applicant's prior involvement in similar offences and the availability of other family members to care for his wife. However, considering the applicant's employment as a low-paid driver, the fact that the main accused were already in jail, and the recent delivery of the applicant's child, the court allowed the application. The court directed the release of the applicant on temporary bail for one month upon furnishing a personal bond and surety.

4. Conditions of Bail: The judgment specified that the applicant must surrender before the trial court after the expiration of the one-month bail period, failing which the trial court has the authority to take him into custody as per the law. This condition ensures that the applicant complies with the terms of his temporary release and attends further legal proceedings as required.

In conclusion, the High Court granted temporary bail to the applicant based on the unique circumstances surrounding his wife's imminent delivery, his low-paid employment status, and the absence of other accused persons. The judgment balanced the applicant's personal situation with the legal considerations, providing a temporary reprieve while ensuring accountability through specified conditions.