Rajasthan High Court - Jodhpur
Mukesh Prakash Raj Modi vs State Of Rajasthan (2025:Rj-Jd:32926) on 25 July, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:32926]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Appli No. 129/2025
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.
For Respondent(s) : Mr. Deepak Choudhary, AAG
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 25/07/2025
1. The petitioner is under trial in multiple FIRs in relation to the alleged financial fraud committed by Adarsh Credit Cooperative Society Ltd. This Court vide order dated 28.08.2024 granted interim bail to the petitioner for a period of three months for undergoing right knee replacement surgery, with liberty to seek further extension depending upon the medical report to be submitted by the Medical Board.
2. After release on interim bail, the petitioner undergone a successful right knee replacement surgery on 24.09.2024 at Vasundhara Hospital, Jodhpur. As per the medical report of the petitioner, the convalescence of the petitioner has been excellent with smooth progress through physiotherapy. The petitioner instead of surrendering before jail authorities after subsequent recovery from the aforesaid surgery has moved an application (Downloaded on 01/08/2025 at 11:02:16 PM) [2025:RJ-JD:32926] (2 of 6) [CRLMA-129/2025] before this Court seeking extension of the interim bail granted to him by this Court vide order dated 28.08.2024 on the ground that now his left knee requires replacement surgery and he has been medically advised for the same and, therefore, the interim bail granted to him vide order dated 28.08.2024 may be extended for a further period of four months.
3. This Court, vide order dated 25.02.2025 after duly noticing the fact that as per the medical advise dated 11.02.2025 the petitioner is required to undergo left knee replacement surgery preferably within a period of fifteen days, and considering the humanitarian grounds was pleased to extend the interim bail granted to the petitioner on 28.08.2024 till the next date of hearing.
4. Shri Vineet Jain, learned Sr. Adv. submitted that since the specific permission to the petitioner to under go surgery of his left knee replacement was not granted by this Court in its order dated 25.02.2025 whereby the interim bail granted to the petitioner vide order dated 28.08.2024 in S.B. Criminal Writ Petition No.1033/2024 was extended, the left knee replacement surgery of the petitioner could not be performed. He further submitted that the petitioner suffers from bilateral knee osteoarthritis alongwith diabetes with therapy (a nerve disease that causes numbness and muscle weakness with hypertension), therefore, the interim bail that was earlier granted to him may be extended alongwith the permission to undergo surgery of his left knee replacement and convalescence physiotherapy sessions.
5. Per Contra, Shri Deepak Choudhary, learned AAG submitted that the petitioner is not suffering from any life threatening (Downloaded on 01/08/2025 at 11:02:16 PM) [2025:RJ-JD:32926] (3 of 6) [CRLMA-129/2025] disease and the surgery which the petitioner has undergone or is to be performed is not of such nature which necessitates extension of interim bail granted to the petitioner vide order dated 28.08.2024. He further submitted that the replacement surgery of his left knee can be performed in a government hospital that is having specialized surgeons and physiotherapists to perform knee surgery.
6. Learned AAG submitted that vide order dated 28.08.2024, the petitioner was granted interim bail for a period of three months to undergo right knee replacement surgery. The knee replacement surgery of his right knee was admittedly performed on 24.09.2024 and thus, the petitioner upon completion of three months period ought to have surrendered before the Jail Authorities. However, on 13.02.2025 he filed present application seeking extension of his interim bail on the ground of undergoing replacement surgery of his left knee. Whereas, as a matter of fact, vide order dated 05.12.2024 passed in S.B. Criminal Misc. Application No.628/2024 filed in S.B. Criminal Writ Petition No.1033/2024 time period granted to the petitioner was already extended till 01.03.2025. The petitioner thus in last six months despite having ample time and several opportunities intentionally refrained from undergoing knee replacement surgery of his left leg. He submitted that the petitioner is evading his surrender before the Jail Authorities in compliance of the Court's order dated 05.12.2024 on the pretext of his left knee replacement surgery.
7. On these grounds, learned AAG prayed that the present misc. application seeking further extension of interim bail granted to the petitioner vide order dated 28.08.2024 may be rejected and (Downloaded on 01/08/2025 at 11:02:16 PM) [2025:RJ-JD:32926] (4 of 6) [CRLMA-129/2025] the petitioner may be directed to surrender before the Jail Authorities forthwith.
8. Heard learned counsel for the parties at Bar. Perused the material available on record.
9. Having perused the record of the case, this Court finds that this Court vide order dated 28.08.2024 after obtaining medical report regarding the petitioner's health condition granted him interim bail for a period of three months so as to enable him to undergo the surgery as per the advise of the Medical Board. In the very same order, the petitioner was given liberty to seek further extension depending upon medical report to be submitted by the Medical Board. The record of the case indicates that the right knee replacement surgery of the petitioner was successfully performed on 24.09.2024 at a private hospital i.e. Vasundhara Hospital, Jodhpur. The convalescence of the petitioner was found to be excellent with smooth progress through physiotherapy.
10. The petitioner after expiry of three months, filed an application bearing No. S.B. Criminal Misc. Application No.129/2025 dated 13.02.2025 before this Court on the ground that as per the report of the medical experts dated 11.02.2025, due to persistent muscle weakness in the right leg of the petitioner, vigorous physiotherapy is required to be carried out before performing knee replacement surgery of his left leg. The medical experts further opined that there is discrepancy in the limb length of both legs and any delay may adversely affect the proposed surgery, thus making the left knee replacement both time sensitive and imperative. As per the medical advise dated (Downloaded on 01/08/2025 at 11:02:16 PM) [2025:RJ-JD:32926] (5 of 6) [CRLMA-129/2025] 11.02.2025, the left knee replacement surgery of the petitioner should be performed within a period of fifteen days.
11. This Court vide order dated 25.02.2025 while taking a humanitarian view in the matter, extended the interim bail granted to the petitioner vide order dated 28.08.2024 till the next date of hearing (no date of hearing was fixed).
12. In the opinion of this Court, since the interim bail granted to the petitioner vide order dated 28.08.2024 was extended by order dated 25.02.2025 after taking into consideration the opinion of the medical experts dated 11.02.2025, the petitioner ought to have underwent the left knee replacement surgery. However, the petitioner instead of taking any positive steps towards getting surgery done, continued to be on interim bail for almost one year. In the opinion of this Court, if the knee replacement of the petitioner was medically necessary and utmost urgent, then the same should not have been postponed for such a long period of time. Thus, the reasons indicated in the application seeking extension of interim bail on medical grounds does not seems/appears to be bonafide rather, the petitioner seems to be taking undue advantage of the order dated 28.08.2024 passed by this Court on humanitarian grounds.
13. In the result, the instant misc. application seeking extension of interim bail granted to the petitioner vide order dated 24.12.2024 is dismissed. The petitioner is directed to surrender before the jail authorities forthwith.
14. It is directed that upon surrender of the petitioner, the Jail Authorities shall get the health condition of the petitioner examined through medical experts at his own expenses, either at (Downloaded on 01/08/2025 at 11:02:16 PM) [2025:RJ-JD:32926] (6 of 6) [CRLMA-129/2025] a government hospital of his choice or private hospital i.e. Vasundhara Hospital, Jodhpur where his right knee surgery was performed. After such examination, if a specific date for knee replacement surgery of left leg of the petitioner is fixed, then the petitioner shall be at liberty to file a fresh application seeking interim bail before this Court.
15. All pending applications, if any, also stand dismissed.
(KULDEEP MATHUR),J 239-himanshu/-
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