Temporary bail can be granted based on medical necessity, provided appropriate conditions are imposed.

Order

14/08/2025

1. The present criminal writ petition has been filed by the petitioner under Article 226 along with Articles 14 & 21 of the Constitution of India seeking temporary bail in all FIRs/Complaints/Cases pending against the petitioner to the Adarsh Credit Cooperative Society Ltd. for the purpose of knee replacement.

2. It is contended by Mr. Vineet Jain, learned Sr. Counsel assisted by Mr. Praveen Vyas, learned counsel for the petitioner that the petitioner is required to undergo knee replacement and in support of his argument, he has placed the medical reports of the petitioner.

3. This Court vide order dated 11.08.2025, directed the learned Public Prosecutor to procure the status report with regard to knee replacement of the petitioner, as opined by the Medical Board, which was constituted in pursuance of the directions given by a Coordinate Bench of this court vide order dated 16.05.2025.

4. Today, the learned Public prosecutor has submitted the report dated 23.05.2025 along with the medical report given by the Medical Board, MDM Hospital, Jodhpur. The report of the Medical Board reads as under:-

“Medical Board Examination Report As per order Superintendent MDM Hospital 6716-18 dated 20.05.2025, case examined by Board of Medical status of Mr. Bharat Das Vaishnav S/o Shri Mandas.

- History of B/L Knee pain 7-8 years with difficulty in squatting and cross leg sitting and using stairs.

- O/E Tenderness medical and lateral joint line B/L knee.

- X-Ray B/L knee suggestive of severe osteorthritis Bilateral knee.

- History of falling medical treatment & Physiotherapy many time without relief.

Opinion:-

After examination and investigation of Mr. Bharat Das Vaishnab S/o Shri Mandas is required B/L total knee replacement.

Dr. Ramniwas Bishnoi Dr. Devender Singh Dr. Abhinav Singh Chairperson member member Assistant Professor Assistant Professor Assistant Professor Orthopedic Dept. Orthopedic Dept. Orthopedic Dept.”

5. From perusal of this report, it is transpires that the petitioner is required B/L total knee replacement. The report dated

23.05.2025 is taken on record.

6. Learned Public Prosecutor opposed the prayer for grant of interim bail, however, he does not refute the fact that as per the opinion of the Medical Board, the petitioner is required B/L total knee replacement.

7. In view of the arguments advanced by learned counsel for the parties, the entire facts and circumstances of the case, and upon careful perusal of the material available on record, particularly the report dated 23.05.2025, submitted by the Medical Board MDM Hospital, Jodhpur constituted in pursuance of the directions issued by a Coordinate Bench of this Court vide order dated 16.05.2025, this Court deems it appropriate to grant the benefit of interim bail for a period of three months for the purpose of knee replacement surgery of the petitioner’s legs, as advised by the Medical Board.

8. Accordingly, present criminal writ petition is allowed and the petitioner Bharat Das Vaishnav S/o Mandas is ordered to be released on interim bail for a period of three months from the date of his actual release, subject to the condition that the petitioner shall furnish a personal bond of Rs. 5,00,000/- and two sureties of Rs.2,00,000/- (one of whom shall be a close family member of the petitioner) each to the satisfaction of concerned Superintendent of Jail for his surrender on completion of three months from the date of actual release. However, the Jail Authorities are directed to mention date and time of release and surrender in the release order, at the time of release. During this period, he shall remain within the territorial jurisdiction and in