‘Along with treatment, mother’s affection is also necessary’, Delhi High Court grants interim bail to the woman
The Delhi High Court has made an important comment saying that the right to health of a small child is not limited only to medicine and therapy, but the mother’s affection, touch and companionship is equally necessary for him. On this basis, the court granted interim bail to a woman jailed on charges of cheating and criminal conspiracy. The court said that the presence of the mother is extremely important for the proper development and mental health of the child, especially when the child is of young age.
Justice Girish Kathpalia was hearing a plea by a woman seeking interim bail to take care of her two-year-old ailing daughter. The woman is in judicial custody on charges of cheating and criminal conspiracy.
Making an important comment, the Delhi High Court said that a child of such a young age not only needs medicines and treatment, but also the comforting company and touch of the mother. This cannot be ignored under any circumstances. The court said that there are definitely allegations against the woman, but considering the young age of the child and her poor health, she cannot be deprived of living with her mother, especially during illness. On humanitarian grounds, the court has granted interim bail to the woman for 90 days on a personal bond of Rs 10,000 and one surety of like amount, so that she can take care of her two-year-old daughter.
The prosecution opposed the woman’s bail.
During the hearing on the woman’s interim bail plea in the Delhi High Court, the government lawyer opposed this. He argued that other family members were present to take care of the girl, hence there was no need for bail. However, the woman’s lawyer presented the girl’s medical report before the court and cited her serious health condition. After seeing the report, the court accepted that in view of the young age and illness of the child, the presence of the mother is very important.
On this basis, the court granted interim bail to the woman for 90 days on a personal bond of Rs 10,000 and one surety of the same amount, so that she can take care of her two-year-old sick daughter. The court also clarified that the child cannot be separated from the mother or the mother from the child merely on the ground that other relatives are present.
It is noteworthy that on February 3, the Delhi High Court had granted interim bail to the accused in another case, so that he could stay with his mother during her surgery. Even at that time the court had said that merely because other relatives are present to take care, the son cannot be deprived of the opportunity to live with his mother.
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