Mere Illness Of Family Member, When Condition Is Improving, Is Not Exceptional Ground For Granting Interim Bail: MP High Court

The Madhya Pradesh High Court, on Monday (January 12), dismissed an application seeking temporary/interim bail, observing that the mere illness of a family member, especially when the condition is under control and improving, is insufficient ground to grant temporary/interim bail. The bench of Justice Milind Ramesh Phadke observed; "mere illness of a family member, particularly when the condition is under control and improving, does not constitute an exceptional circumstance warranting grant of temporary/interim bail in a case involving heinous offences". This was the third bail application filed by the accused seeking interim bail for 15 days. He had been in custody since February 5, 2024, for offences including Murder (Section 302), Rioting (Section 147), Rioting with deadly weapon (Section 148), Common object (Section 149) of the IPC, and possession of arms under the Arms Act. The application was filed on the grounds that the applicant's wife was ill and required proper medical treatment, which could not be managed without the applicant's assistance. The counsel for the State argued that the applicant's wife was admitted on January 7, 2025, due to anaemia and bleeding, but her condition had improved significantly. It was further contended that, according to the medical record, the bleeding had decreased, and she was scheduled for discharge on January 11, 2025. The court observed that the applicant was facing grave and serious charges, including Murder. Additionally, per the medical documents placed on record, the wife of the applicant was stable and improving. She would be discharged soon, and the reports did not show any life-threatening condition requiring the applicant's presence. The bench emphasised that such illness, when the condition of the family member is improving, does not warrant sufficient grounds for the grant of interim or temporary bail. The bench directed; "In view of the seriousness of the allegations, the nature of the offence, the period of custody, and the medical status reflected in the verified documents, this Court does not find any justifiable ground to exercise discretion in favour of the applicant". Therefore, the bench dismissed the bail application. Case Title: Bhupendra Singh Gurjar v State of Madhya Pradesh [MCRC-716-2026]Citation: 2026 LiveLaw (MP) 12For Petitioner: Advocate Vishant Singh KauravFor State: Public Prosecutor Brijehs Kumar TyagiClick here to read/download the Order

Mere Illness Of Family Member, When Condition Is Improving, Is Not Exceptional Ground For Granting Interim Bail: MP High Court

Jayanti Pahwa

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