Mahesh Bhagwati, J. - (1.) SHRI Lalit Sharma, Advocate has filed this bail application under Section 439 of Code of Criminal Procedure on behalf of accused Petitioner Radha Mohan Sharma seeking interim bail on the ground that Petitioner's father is near about 75 years of age and he has been suffering from heart disease.
(2.) LEARNED Counsel for the Petitioner canvassed that the High Court can grant interim bail under Section 439 of Code of Criminal Procedure and the same view has been expressed by the Hon'ble Apex Court in the case of State of U.P. v. Atique Ahmed reported in, 2002 R.C.C. (SC) 179. Learned PP appearing for the state, in contra, has opposed the bail application on the ground that no interim bail can be granted under Section 439 of Code of Criminal Procedure , hence the application deserves to be dismissed.
(3.) HAVING considered the submissions made at the bar and carefully perused the relevant material including the judgment of State of U.P. v. Atique Ahmed (supra), it is found that the Hon'ble Apex Court has deprecated the concept of granting interim bail under Section 439 of Code of Criminal Procedure . In the case of Atique Ahmed, Allahabad High Court granted a short term bail for a period of four months on medical grounds and also with a view to keep a watch over his future conduct and activities during this period. The Hon'ble Apex Court did not appreciate such order of the Allahabad High court and observed thus: The observations in the order of the High Court that the applicant is allowed short term bail also with a view for keeping a watch over his future conduct and activities during this period, does not commend us. If a case for release of the applicant on bail is not otherwise made out, he cannot be released on bail for a limited period, only for keeping watch over his future conduct and activities during the period. That part of the order of the High Court is clearly unsustainable.;