New Delhi, Sep 16 A Delhi court on Wednesday granted 15-day interim bail to a murder accused to be with his mother, who is undergoing end-of-life care for cancer, giving him a chance to share final moments with her that can never be recreated once lost.
Additional Sessions Judge Anuj Agrawal was hearing a bail application filed by Rishab Raghav, who has been booked on charges of kidnapping for ransom, dacoity and criminal conspiracy.
"The applicant's request cannot be viewed merely as a request for temporary personal liberty; it is, in substance, a plea for an opportunity to be with his mother at a stage when there may be no tomorrow in which that opportunity can be exercised," the court order said.
Raghav had sought interim bail for 15 to 30 days citing the precarious condition of his mother. The prosecution left the matter to the court's discretion, while the investigating officer's report corroborated that the applicant's mother was suffering from cancer and was under palliative and end-of-life care.
The court noted that although the applicant was facing trial for "heinous offences", the plea was founded on "inherently exceptional and time-sensitive" circumstances, given that a close family member was in the terminal stage of illness.
"The relationship between a mother and her child is one of the most fundamental and enduring bonds known to human life... Time, in such circumstances, is not merely passing; it may be taking away the last opportunity for a mother and her son to see each other, to speak to each other, and to share those final moments which can never be recreated once lost," the judge said.
The court held that while law regulates the liberty of an accused, exceptional circumstances must also leave room for "compassion and humanity". It said the plea was not merely one for personal liberty, but "a plea for an opportunity to be with his mother" at a stage when there may be no tomorrow.
Raghav was granted interim bail for 15 days from the date of release, subject to furnishing a personal bond of Rs 20,000 with one surety of like amount, and a condition that he shall not commit any offence during this period.
The court clarified that its observations were confined to the humanitarian plea and would not affect the merits of the main case. The accused must surrender before the jail superintendent on completion of the bail period, it said.
