[2025:RJ-JD:35105]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 2334/2025 Mukesh Modi S/o Late Prakash Raj Modi, Aged About 65 Years, Resident Of House No. 1, Adarsh Nagar, Kutumb Niwas, Link Road, Sirohi. ----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Director General Of Police, Rajasthan, Police Headquarters, Jaipur

3. Superintendent Of Jails, Central Jail, Jodhpur.

----Respondents For Petitioner(s) : Mr. Manish Shishodia, Sr. Adv.

assisted by Mr. Deepesh Birla Mr. Kuldeep Rajpurohit Mr. Dinesh Godara For Respondent(s) : Mr. Shreeram Choudhary, PP HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

07/08/2025

1. The present criminal writ petition has been filed by the petitioner under Articles 226 & 227 along with Articles 14 & 21 of the Constitution of India seeking temporary bail to undergo Knee Replacement Surgery of his left leg.

2. Learned counsel for the petitioner submits that the petitioner is undertrial in connection with multiple FIRs that have been lodged against him. It is further submitted that, during the period of his custody, the petitioner preferred S.B. Criminal Writ Petition No.1033/2024, seeking interim bail for a limited period of six months for the purpose of Knee Replacement Surgery of his right leg. Upon due consideration of all relevant aspects, the said writ petition was allowed by a Coordinate Bench of this Court vide order dated 28.08.2024, whereby the petitioner was granted interim bail for a period of three months, subject to the condition that he shall furnish a personal bond in the sum of Rs. 2,00,000/-, along with two sureties of like amount, to the satisfaction of the Superintendent of Central Jail, Jodhpur. The operative part of the order dated 28.08.2024 passed by the Coordinate Bench is reproduced hereinbelow: –

“7. Accordingly, it is directed that upon the petitioner furnishing person bail bond for a sum of Rs.2,00,000/- and two sureties of like amount to the satisfaction of the a Superintendent of Central Jail, Jodhpur. He shall be released on bail initially for a period of three months and thereafter, he is at liberty to seek further extension depending upon the medical report to be submitted by the Medical Board.

8. It is made clear that the instant order shall be applicable qua all the FIR’s, the recital of which has been given in the present petition.

9. Furthermore, the Jailor shall not insist on the insolvency certificate as a part of the condition in the bail bond.”

3. Learned counsel for the petitioner further contends that, due to certain medical complications, the petitioner filed an application being S.B. Criminal Misc. Application No.628/2024 in S.B. Criminal Writ Petition No.1033/2024, seeking extension of the period of interim bail granted to him vide order dated 28.08.2024 passed by the Coordinate Bench of this Court, on the ground of second Knee Replacement Surgery of his left leg, as advised by the Medical Board (hereinafter referred to as ‘the Board’).

Subsequently, upon consideration of the entire facts and circumstances of the case, the Coordinate Bench of this Court allowed the aforesaid application vide order dated 05.12.2024 and extended the period of interim bail for a further period of three months, i.e., up to 01.03.2025.

The operative part of the order dated 05.12.2024 passed by the Coordinate Bench is reproduced hereinbelow: –

“5. On resumed hearing today, Learned Additional Advocate General states that he has verified the aforesaid position. He submits that the same is factually correct and genuine, and the petitioner has indeed undergone surgery on his right leg. He is currently under physiotherapy, and the second surgery cannot be carried out immediately. The same is to be performed tentatively, as per the medical advice, after 24.12.2024

6. Looking at the entirety of the situation and medical condition of the petitioner, it is deemed appropriate that interim bail that was granted by this Court vide order dated 28.08.2024 is extend