1989 (11) TMI 165 - HC - Customs

Summary

Issues: Bail application for an Iranian national with a child suffering from congenital heart disease involved in a Customs Act offence.

In this judgment, the applicant, an Iranian national, applied for bail due to her chronic bronchitis and her child's congenital heart disease. The court considered the medical evidence of her illnesses, noting that her bronchitis was genuine and not fabricated. The court also highlighted the seriousness of the child's condition, stating that the mother should be permitted to live with the child if the child is suffering from a congenital heart disease. The court addressed the concern of absconding by suggesting precautions such as impounding the passport and airport checks. The judge emphasized the importance of the human element in balancing the need for the mother's presence with the child against the risk of absconding. Consequently, the court granted bail to the applicant in the sum of Rs. 1,50,000 with specific conditions, including surrendering her passport and reporting to the authorities weekly. The court's decision was based on the genuine medical conditions of the applicant and the critical health needs of her child, outweighing the risk of absconding.