HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 1269/2025 Rahul Modi S/o Late Virendra Modi, Aged About 38 Years, R/o Adarsh Nagar Sirohi, Raj ----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. The Registrar Of Cooperative, Nehru Sahkar Bhawan, Bhawani Singh Road , Jaipur Raj ----Respondents For Petitioner(s) : Mr. Falgun Buch For Respondent(s) : Mr. Pawan Kumar Bhati, PP HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

12/03/2026

1. The matter comes up on an application filed under Article 226 of the Constitution of India read with Section 528 of BNSS (IA No.01/2026) on behalf of the petitioner seeking extension of the interim/temporary bail granted by this Court vide order dated 19.08.2025 and extended vide order dated 17.10.2025 & 16.12.2025 passed in S.B. Criminal Writ Petition No. 1269/2025, on the ground of the petitioner’s mother’s surgery and post operative care, and has, therefore, prayed for extension of temporary bail for a period of 90 days for the said purpose.

2. Heard learned counsel for the petitioner and the learned Public Prosecutor.

3. Learned counsel for the petitioner submits that the petitioner had previously been granted interim bail which was further extended on earlier occasions for a cumulative period of 210 days in order to facilitate the surgery and post-operative care of his mother. It is further submitted that the medical advice initially provided by the treating doctor indicated that the knee replacement surgery could only be undertaken after the spinal surgery had been performed. However, the subsequent medical report of the petitioner’s mother revealed that, due to certain complications, particularly concerning the L-5 and S-1 discs of the spinal cord, the spinal surgery could not be conducted at that time. Learned counsel further submits that, as per the medical report dated 18.02.2026, the spinal surgery has since been successfully performed and the recovery of the said discs has been reported to be very good. The petitioner’s mother has been advised to undergo physiotherapy for an additional period of one month, and the knee replacement surgery has now been scheduled for 22.03.2026. It is also submitted that the petitioner is the only available person and the sole caretaker responsible for providing necessary care and assistance to his mother during the course of the aforesaid surgery and the subsequent recovery period.

4. Vide order dated 10.03.2026, passed by this Court, the learned Public Prosecutor was directed to procure the medical report of the petitioner’s mother. Today, the learned Public Prosecutor has produced the report dated 11.03.2026, sent by the SHO, P.S. Kotwali, Sirohi along with medical report, which reflects that petitioner’s mother’s recovery from spinal cord surgery has been good and strength has been gained. It is further stated that the physiotherapy needs to be continued for one more month and the date for surgery of knee replacement has been fixed on

22.03.2026. The said report is taken on record.

5. Learned Public Prosecutor has opposed the prayer for grant of temporary/interim bail; however, he is not in a position to dispute the fact that the petitioner’s mother has already undergone spinal surgery and is presently required to undergo knee replacement surgery.

6. After considering the overall facts and circumstances of the case and upon careful perusal of the material available on record, this Court deems it appropriate to extend the interim bail/temporary bail of the petitioner for a further period of 90 days

7. In this background and for humanitarian grounds and there being no legal impediment to extend the period of interim bail/temporary, the instant application is allowed and the period of interim bail already granted to the convict-petitioner Rahul Modi S/o Late Virendra Modi, by this Court, vide order ibid, is hereby extended for further 90 days on the same conditions/directions and the bail bonds furnished by him in terms of th