Legal provisions involved: Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023; Sections 302, 341, 147, 148 and 149 of the IPC; Sections 25 and 27 of the Arms Act, 1959

Judgement by: Madhya Pradesh High Court

Judge/Bench: Justice Milind Ramesh Phadke (Single Bench)

Facts

The applicant has been in jail since 5th February 2024 in a murder case. This was his third application seeking temporary bail for 15 days. He requested bail on the ground that his wife was unwell and needed medical care.

Key legal provisions

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 

Sections 302, 341, 147, 148 and 149 of the IPC

Sections 25 and 27 of the Arms Act, 1959

Issues raised

Whether the illness of the applicant’s wife, when her condition was stable and improving, could be treated as a special reason to grant interim bail in a serious criminal case?

Arguments of the case

The applicant argued that his wife required treatment and his presence at home. The State opposed the application, stating that medical records showed she was admitted due to anaemia and her health had improved.

Judgement

The court observed that the applicant is facing trial for serious offences, including murder. Since the medical records showed that his wife’s condition was stable and not critical, the court held that this was not an exceptional situation. The application for temporary bail was therefore dismissed.

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