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The Supreme Court has allowed an accused, who wished to donate his kidney for his father, to be escorted and taken to the hospital as and when required, for the necessary tests.

The Court was told that the petitioner’s father was ailing with kidney failure and required a kidney transplant. The petitioner thus wished to donate his kidney for his father.

Since the bail application filed by the petitioner-accused was dismissed by the High Court of Madhya Pradesh, Gwalior Bench, special leave petition was filed against the impugned order.

Deputy AG Ankita Chaudhary opposed the prayer for bail on various grounds including the seriousness of the offences; pendency of multiple cases as also the fact that the petitioner had other brothers and sisters, who can take care of their father.

To this a bench of Justices Indira Banerjee and JK Maheshwari said:

“To take care of the parents is one thing and to donate a kidney for a parent, to which all children, particularly married children with their own spouses and children might not agree, is another thing.”

A perusal of the medical records also revealed that the petitioner’s father required Renal Transplant Surgery for better survival and quality of life.

In light of such submissions, the Court issued directions stating that the petitioner may be escorted to the hospital as and when required, for the necessary tests, reports of which are to be submitted to the Government Medical College for approval of the Committee.

In the event, the petitioner was found fit, physically and mentally to donate a kidney and the Committee of the Government Medical College granted approval for the kidney transplant procedure, the petitioner could apply before the High Court for interim bail, said the Bench. It went on to remark that:

“Needless to mention, the prayer for interim bail for purpose of donation of a kidney for his father, shall be considered sympathetically, on such stringent terms and conditions as may be imposed by the High Court or the concerned Trial Court.”

Cause Title: Rahul Rajawat v. State Of M.P. Through SHO

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