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Rajasthan High Court - Jodhpur

Mukesh Prakash Raj Modi vs State Of Rajasthan (2024:Rj-Jd:49670) on 5 December, 2024

[2024:RJ-JD:49670]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc. Appli No. 628/2024

                                       In

               S.B. Criminal Writ Petition No.1033/2024

Mukesh Prakash Raj Modi S/o Shri Prakash Raj Modi, Aged About
64 Years, R/o Adarsh Nagar, Kutumb Niwas, Sirohi, Rajasthan
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Director General Of Police, Rajasthan.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Vineet Jain, Sr. Adv. Assisted by
                                Mr. Pravin Vyas.
For Respondent(s)         :     Mr. Deepak Choudhary, AAG.



               HON'BLE MR. JUSTICE ARUN MONGA

Order(Oral) 05/12/2024

1. Petitioner/applicant is before this Court seeking extension of his interim bail on medical grounds essentially in view of slated surgery of his second leg on 24.12.2024 as per the medical certificate dated 04.12.2024.

2. Surgery of second knee replacement of his left leg has now been advised. Already, surgery of his right leg has taken place during the interim bail period on 24.09.2024.

3. Petitioner has to undergo surgery at Vasundhara Hospital limited. Following medical advice dated 04.12.2024 has been given to him by the Specialist Surgeon:-

"To Whomsoever It May Concern (Downloaded on 05/12/2024 at 09:50:53 PM) [2024:RJ-JD:49670] (2 of 3) [CRLMA-628/2024] This is to certify that Mr. Mukesh Kumar Modl, a 65-year-old patient (OPD ID: VHJ-142191), diagnosed with osteoarthritis in both knees, underwent a successful right knee replacement surgery on 24th September 2024 at Vasundhara Hospital. Postoperative recovery has been excellent, with smooth progress through physiotherapy. He is now being prepared for the left knee replacement surgery to correct limb length discrepancy and achieve complete functional recovery.
Present Status:
 The patient has shown excellent recovery following the right knee replacement surgery.  He is actively undergoing physiotherapy and attending regular follow-ups.
Plan for Left Knee Replacement Surgery:
1. Pre-Surgical Requirements:
 Clearance from cardiologist and physician for cardiac and general fitness.
 Optimization of diabetes and hypertension.  Discontinuation of blood thinners (clopidogrel and ecosprin) 5-7 days prior to surgery. 2 Surgical Timing:
 Surgery is tentatively planned after 24th December 2024, based on his medical reports and recovery progress.
3. Admission and Post-Surgery Care:
 The patient will require admission for approximately 4-5 days.
 He will be mobile by the 2nd day after surgery with assistance and physiotherapy.

4. Post-Surgery Protocol:

 Standard physiotherapy protocol to ensure functional recovery of the left knee.
 Full recovery is expected in 2-3 months, with progressive Improvement in mobility and strength. Long-Term Follow-Up:
 Continued physiotherapy for both knees to maintain mobility and strength.
 Routine evaluations by cardiologists and physicians to monitor cardiac health, diabetes, and hypertension. Mr. Mukesh Kumar Modi is anticipated to regain full functionality and an improved quality of life upon successful completion of the second surgery and adherence to the prescribed postoperative and long-term care protocols.
For further details, please feel free to contact us. Issued by:
Dr. ASHOK KOMAR BISHNOI MBBS/MS (ORTHO) JOINT REPLACEMENT SURGEON RMC No. 26097/08 VASUNDHARA HOSPITAL LTD C.H.B. JODHPUR 04.12-2024"
(Downloaded on 05/12/2024 at 09:50:53 PM)

[2024:RJ-JD:49670] (3 of 3) [CRLMA-628/2024]

4. The matter was earlier heard by me on 04.12.2024 and learned Public Prosecutor was asked to verbally verify the aforesaid medical condition of the petitioner.

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 extended upto 01.03.2025. It is accordingly so ordered. Rest of terms of bail shall remain as already mentioned in bail order dated 28.08.2024.

7. It is made clear that the instant order shall be applicable qua all the FIR's, the recital of which was in the main petition.

8. Accordingly, the instant application is Allowed.




                                                                                                         (ARUN MONGA),J
                                     296-Jitender


                                   Whether fit for reporting :      Yes     /       No.




                                                                 (Downloaded on 05/12/2024 at 09:50:53 PM)




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