Excelsior Correspondent
SRINAGAR, Apr 28: High Court granted bail to an accused involved in drug trafficking for attending medical emergency in the family.
Justice Rahul Bharti has granted interim bail to one Aasif Amin Thoker on the ground of his ailment of his minor daughter in order to be present while his minor daughter undergoes surgery. Accused-Thoker was booked under PSA by the Divisional Commissioner Kashmir for his involvement in drug trafficking.
The court while granting bail observed that the Court should be mindful of the need for an elderly family member to be present during such a medical emergency. The court granted him 20 days of short-term bail to attend his daughter’s surgery.
“This Court cannot (lose sight) of the fact that presence of an elder male member of a family for attending upon an ailing daughter requiring surgery/ hospitalization is a call of the day,” the Court said.
Justice Rahul Bharti emphasized that in situations involving the health and hospitalization of minor children, courts cannot lose sight of a person’s civil and social responsibilities.
Accused-Thoker was earlier granted short-term bail by the Principal Sessions Judge, Kulgam to attend to his ailing daughter. However, this bail period expired before the actual date of surgery. His request for an extension was rejected by the trial Court, prompting him to move the High Court.
The court said that given the fact of the circumstance of the case, the petitioner is the only guardian who is supposed to attend her ailment, as such, the Principal Sessions Judge, Kulgam ought to have continued with the judicial trust in the petitioner.
“…. without going into bonafide of the petitioner in terms of the previous prescriptions which were not procured by the petitioner-Thoker himself but were during the time when the petitioner himself was inside jail and his wife was perhaps attending the petitioner’s sick daughter” court said adding with “May be the petitioner’s counsel who had moved the petition for seeking short term bail from the Court of Principal Sessions Judge, Kulgam was not able to stitch facts properly for which the petitioner should not have been made to suffer prejudice of having denial of extension of bail,” the High Court said.
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