Rajasthan High Court - Jodhpur
Vaibhav Lodha vs State Of Rajasthan on 24 October, 2024
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 2245/2024
Vaibhav Lodha S/o Sh. Dinesh Kumar Lodha, Aged About 39
Years, R/o 89-D, Bhagat Ki Kothi Extension, New Pali Road,
Jodhpur, Jhalamand, Raj. (Lodged In Central Jail Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Director General Of Police, Jaipur, Raj.
----Respondents
For Petitioner(s) : Mr. Vikram Choudhary, Sr. Adv.
(through VC)
Mr. Vikas Balia, Sr. Adv. Assisted by
Mr. Kuldeep Rajpurohit
Mr. Falgun Buch
Mr. Gopal Krishna Chhangani
Ms. Simran Mehta
For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP
HON'BLE MR. JUSTICE ARUN MONGA
Order (oral) 24/10/2024
1. The petitioner is an accused / under trial in multiple FIRs registered for commission of alleged offences under Sections 420, 406, 409, 467, 468, 471, 477-A, 120-B of IPC, Section 6 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 65 of I.T. Act. He is under incarceration for the past more than five and half years.
2. Petitioner has filed this petition seeking his interim bail on medical grounds of his 64-year-old mother, who requires surgery for a total knee replacement as advised by her doctor. It is stated (Downloaded on 25/10/2024 at 09:56:02 PM) (2of 5) [CRLW-2245/2024] that the petitioner is the only family member available to care of her. She is unable to undergo the emergency surgery without the support of an attendant or family member.
3. Particulars of multiple FIRs are given in para No.8 (X) of the petition. All the FIRs relate to Adarsh Credit Cooperative Society.
4. Briefly speaking, the relevant facts are that the petitioner has been languishing in jail since 22.06.2019. His mother is facing medical issues, as above. Her elder (petitioner's brother) son moved to USA about 15 years ago and is not on good terms with the family in India. The petitioner, who is the younger son, has been in custody for over five years. As a result, there is no one available to care for her except the petitioner. Hence, this petition.
5. Learned senior counsels for the petitioner jointly submit that in some of the FIRs, the petitioner has already been enlarged on bail. The petitioner has not misutilized the concession so granted. 5.1 Given the medical emergency, instant petition deserves to be allowed on humanitarian grounds, they would urge. 5.2 They point out that a bare perusal of the pending FIRs against the petitioner (Annex.1 herein) would reveal that almost all these FIRs have been registered under Sections 420, 406, 409, 467, 468, 471, 477-A, 120-B of IPC, Section 6 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 65 of I.T. Act.
5.3 They would urge that the petitioner's mother is suffering from various age-related ailments. Recently, she has been experiencing severe pain even in her spinal cord (L1 to L4), apart from knee problem. Doctor has recommended for immediate knee replacement surgery. Given her medical condition and the fact (Downloaded on 25/10/2024 at 09:56:02 PM) (3of 5) [CRLW-2245/2024] that both of her sons are unavailable to assist with treatment, her condition will deteriorate without timely intervention, as has been warned by her doctors. Therefore, the release of the petitioner under these circumstances is essential, they argue.
6. The matter was earlier heard by me on 21.10.2024, when following order was passed:-
"Learned P.P. seeks time to file a report on the medical condition of the petitioner's mother, qua which supporting documents are appended to the petition. Prima facie the medical record reflects that the petitioner's mother is indeed suffering from age-related ailments. Apart therefrom she has been advised immediate knee replacement surgery.
Post it on 08.11.2024."
7. Pursuant thereto, today a report dated 21.10.2024 has been tendered in the course of hearing, which is taken on record. Relevant translated version of the said report reads as under:
"According to the inquiry report, Smt. Aruna Lodha, the mother of the accused Vaibhav Lodha, has been permanently residing at 103 C Kalpataru Sparkle, near MIG Cricket Club, Kalanagar, Bandra East, Maharashtra, with her husband for the past five years. She occasionally visits their Jodhpur address for personal matters. Aruna Lodha has been suffering from knee pain for the past two years and wishes to undergo knee surgery. Since there are no other family members available to assist her and her husband is elderly and unable to support her during this treatment, Vaibhav Lodha has applied for interim bail to care for his mother."
8. The medical record of the mother of the petitioner has been appended with the petition herein. The same was got verified through the I.O. pursuant to which as per the report ibid, the medical advice of the Doctor requiring the mother of the petitioner to undergo surgery for total knee replacement is not disputed. Petitioner's mother is currently undergoing treatment in the Orthopedics Department of KJ Somaiya Hospital & Research Center, Mumbai. As per the medical opinion dated 11.07.2024 rendered by the expert orthopedics, she has been advised total (Downloaded on 25/10/2024 at 09:56:02 PM) (4of 5) [CRLW-2245/2024] knee replacement of her right leg. She is stated to be suffering from swelling in her right foot owing to her current ailment and is even unable to stand straight on her own without any hold.
9. Continuous incarceration without the commencement of a trial infringes on an individual's rights to life and personal liberty, as guaranteed by Article 21 of the Constitution of India. In the case herein, the petitioner's rights are severely curtailed and his entire family is suffering. It appears, his mother urgently requires knee replacement surgery, but is forced to wait for her son to be available to take care for her during the pre-operative and post- operative period.
10. Petitioner is a person with family ties and is not a flight risk. Nature of prosecution evidence is mostly all documentary in nature, which has been seized and there is no likelihood of tempering with the same.
11. Resultantly, in view of report dated 21.10.2024 (supra)and other reasons as stated above, the writ petition is allowed. The petitioner is directed to be released on temporary bail for a period of two months with effect from the date, the bail bonds and surety bonds are accepted by the Superintendent, Central Jail, Jodhpur.
12. It is made clear that the instant order shall be applicable qua all the FIRs, the recital of which has been given in the present petition.
13. Furthermore, the Jailor shall not insist on the insolvency certificate as a part of the condition in the bail bond.
14. It is directed that petitioner shall surrender within two months, to be calculated with effect from the day he is enlarged on interim bail, before 5.00 p.m. on the date of surrender. (Downloaded on 25/10/2024 at 09:56:02 PM)
(5of 5) [CRLW-2245/2024]
15. All pending application(s), if any, shall also stand disposed of.
(ARUN MONGA),J 387-DhananjayS/-
Whether fit for reporting: Yes / No
(Downloaded on 25/10/2024 at 09:56:02 PM)
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