HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
VIKRAM SINGH RATHORE – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLW / 882 / 2026
[2026:RJ-JD:10371]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 882/2026 Vikram Singh Rathore S/o Sh. Chhug Singh, Aged About 44 Years, Plot No 169 Umaid Heritage Defence Lab Road Ratananda Jodhpur At Present Lodged In Central Jail Jodhpur Through Smt Khem Kanwar Wife Of Chhug Singh ----Petitioner Versus
1. State Of Rajasthan, Through Pp
2. Director General Of Police, Rajasthan Police Headquarters Jaipur
3. Commissioner Of Police, Office Of Commissioner Of Police Jodhpur
4. Superintendent Of Jails, Central Jail Jodhpur ----Respondents For Petitioner(s) : Mr. Ram Singh Rawal For Respondent(s) : Mr. NS Chandawat, PP HON'BLE MR. JUSTICE FARJAND ALI
Order
25/02/2026
1.The present writ petition has been preferred under Articles
226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of interim bail to the petitioner, who is presently lodged in judicial custody.
2.It is not in dispute that the petitioner is an under-trial prisoner and has been incarcerated since September, 2019 in connection with multiple FIRs, including FIR No.32/2019 registered at the Special Organization Group, Jaipur. Over a period of time, other FIRs pertaining to the same alleged delinquency have also been registered against him, the particulars whereof have been detailed in Annexure-1 placed on record.
3.The petitioner seeks interim release on humanitarian grounds on account of the serious medical condition of his father. It has been specifically pleaded that the father of the petitioner is suffering from acute prostate ailment requiring urgent surgical intervention. The updated MRI report and related medical documents placed on record indicate the necessity of immediate prostate surgery in view of the emergent medical condition. It is further pleaded that the proposed surgery is of a complex nature and requires the presence and assistance of the petitioner, being the son, to attend to medical formalities, post-operative care and other indispensable arrangements.
4.Learned counsel for the petitioner submits that the continued incarceration of the petitioner since 2019, coupled with the emergent medical condition of his father, warrants indulgence of this Court for a limited period. It is contended that the relief sought is purely temporary, humanitarian in character and does not touch upon the merits of the pending criminal cases.
5.Per contra, learned AGA opposes the prayer for interim bail but does not seriously dispute the medical documents placed on record. It is submitted that in the event this Court is inclined to grant any indulgence, the same may be made subject to stringent conditions so as to safeguard the interests of justice.
6.Heard learned counsel for the petitioner and learned AGA for the State and perused the material available on record.
7.The scope of the present petition is confined to consideration of interim bail on humanitarian grounds. The petitioner is not seeking adjudication on the merits of the allegations levelled in the FIRs, nor is he seeking regular bail. The fact that multiple FIRs have been registered in relation to the same alleged series of transactions and that the petitioner has been in custody for a substantial period since September, 2019, coupled with the emergent medical condition of his father, justifies invocation of the extraordinary jurisdiction of this Court for a limited and purpose-specific relief.
8.Serious illness of a parent, particularly where immediate surgical intervention is medically advised, has consistently been recognized as a valid humanitarian ground for temporary release, subject to adequate safeguards. In the present case, the updated MRI report and accompanying medical records prima facie indicate urgency of the proposed prostate surgery. The requirement of the petitioner’s presence to assist his ailing father during the surgical procedure and immediate post-operative period cannot be brushed aside, espe
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