JUDGMENT : JAVED IQBAL WANI, J. 1. Through the medium of the instant application interim bail for a period of one month is being sought by the applicant/accused. 2. The applicant states to be facing trial for commission of offences punishable under Section 8/20 and 60 of NDPS Act in the court of 1st Additional Sessions Judge, Jammu. 3. The applicant states to have filed an application for grant of interim bail before the trial court on 29.01.2021 on the ground that his mother is in advanced age suffering from multiple serious ailments and that he is the only son to take care of his ailing mother as his other brother is living outside the country for last more than ten years and that out of six prosecution witnesses important official witnesses have been examined and recorded and that their statements are full of contradictions demolishing the case of prosecution. The applicant further states to have urged in the application that he is languishing in jail for the last more than two years and is the only bread earner of his family. The said bail application is stated to have been dismissed by the trial court on 22.02.2021, whereupon the instant bail application has been filed by the applicant/accused before this court. 4. In the instant application the applicant/accused besides other grounds seeks interim bail fundamentally on the ground that his old aged ailing mother requires immediate and urgent specialized medical treatment and that except the applicant there is no other male member in the family to look after and ensure providing of said medical treatment to her and any failure thereof is likely to prove fatal to her life. 5. Heard learned counsel for the parties and perused the record. 6. Perusal of the record reveals that the instant bail application has been entertained by this court while issuing notice to the respondents on 05.03.2021, whereupon after entering appearance on 01.04.2021 the respondents despite availing opportunities granted by this court have failed to file any objections in response thereto. 7. Heard learned counsel for the parties and perused the record. 6. Perusal of the record reveals that the instant bail application has been entertained by this court while issuing notice to the respondents on 05.03.2021, whereupon after entering appearance on 01.04.2021 the respondents despite availing opportunities granted by this court have failed to file any objections in response thereto. 7. The settled position of law as evolved by a long line of decisions of Apex court on the subject relating to bail is that there is no straight jacket formula or settled rule for the exercise of discretion, but at the time of deciding the question of "bail or jail" in non-billable offences a court has to exercise its judicial discretion not only as per the settled law, but also according to the principles laid down by the Code of Criminal Procedure and judicial precedents. 8. Indisputably the object of bail is to seek attendance and appearance of the accused at the trial by a reasonable amount of bail. 9. The Apex court in the case of "Data Ram Singh Vs. State of Uttar Pradesh and Ors., reported in 2018 (3) SCC 22 ", in regard to bail has laid down at para 2, 4 and 5 as under:- "2. There is no doubt that the grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decisions rendered by this court and by every High court in the country. Yet, occasionally there is a necessity to introspect whether denying bail to an accused person is the right thing to do on the facts and in the circumstances of a case. 4. To put it shortly, a humane attitude is required to be adopted by a judge, while dealing with an application for remanding a suspect or an accused person to police custody. There are several reasons for this including maintaining the dignity of an accused person, howsoever poor that person might be, the requirements of Article 21 of the Constitution and the fact that there is enormous overcrowding in prisons, leading to social and other problems as noticed by this court in inhuman conditions in 1382 prisons." 5. There are several reasons for this including maintaining the dignity of an accused person, howsoever poor that person might be, the requirements of Article 21 of the Constitution and the fact that there is enormous overcrowding in prisons, leading to social and other problems as noticed by this court in inhuman conditions in 1382 prisons." 5. The historical background of the provision for bail has been elaborately and lucidly explained in a recent decision delivered in Nikesh Tarachand Shah Vs. Union of India going back to the days of the Magna Carta. In that decision, reference was made to Gurbaksh Singh Sibbia Vs. State of Punjab in which it is observed that it was held way back in Nagendra Nath Chakravarti, in that, bail is not be withheld as a punishment. Reference was also made to Emperor Vs. H. L. Hutchinson wherein it was observed that grant of bail is the rule and refusal is the exception. The provision for bail is therefore age--old and the liberal interpretation to the provision for bail is almost a century old, going back to colonial days." 10. Having regard to the aforesaid fundamental ground urged by the applicant/accused while seeking an interim bail for enabling him to ensure providing of specialized life saving medical treatment to his old aged mother and no serious objections rather none urged by the respondents thereto, this court cannot overlook the observations made by the Apex court in "Data Ram Singh's" case supra and in the peculiar facts and circumstances of the case finds no reason to decline to the applicant the concession of interim bail on the aforesaid ground as prayed by the applicant. 11. Viewed thus, the application is allowed and the applicant/accused is admitted to an interim bail for the period of one month w.e.f. 21st June 2021 to 20th July 2021, subject to the following conditions:- i) Furnishing of personal bond to the tune of Rs. Two Lacs with sureties of the like amount to the satisfaction of the trial court or Superintendent District Jail Amphalla, Jammu. ii) To surrender and deposit Passport within three days from 21.06.2021 before the trial court or Superintendent District Jail Amphalla, Jammu, if not already surrendered. iii) Not to leave the territorial jurisdiction of this court without seeking prior permission. Two Lacs with sureties of the like amount to the satisfaction of the trial court or Superintendent District Jail Amphalla, Jammu. ii) To surrender and deposit Passport within three days from 21.06.2021 before the trial court or Superintendent District Jail Amphalla, Jammu, if not already surrendered. iii) Not to leave the territorial jurisdiction of this court without seeking prior permission. iv) Not to influence directly or indirectly the prosecution witnesses or temper with prosecution evidence by any manner, mode or method. v) To face and take the trial before the trial court without any fail. vi) To appear before SHO Police Station Saddar, Srinagar, on every Sunday at 10:00 am during the above bail period. vii) To surrender back on 21.07.2021 before the Superintendent District Jail Amphalla, Jammu. 12. Bail application is disposed of along with connected CrLM.