Rajasthan High Court - Jodhpur
Rohit Modi vs State Of Rajasthan (2024:Rj-Jd:44022) on 24 October, 2024
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 2246/2024
Rohit Modi S/o Sh. Virendra Modi, Aged About 39 Years, R/o
Modi Street, New Ayurvedic Hospital, Sirohi, Raj. (Lodged In
Central Jail Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Director Police 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 for alleged offences committed under sections 406, 409, 420, 467, 468, 471, 477-A, 201-B of IPC and section 6 of Prize Chits and Money Circulation Schemes (banning) Act, 1978 and section 65 of the I.T. Act. He as well his real brother are both under incarceration for the past more than five and half years. Particulars of the FIRs are given in para No.7 (X) of the petition herein. All the FIRs relate to Adarsh Credit Cooperative Society.
2. Instant petition is for seeking interim bail of the petitioner on medical grounds of his 58-year-old mother, who requires surgery for a knee replacement as advised by her doctor. It is stated that the petitioner is the only family member available to take care for (Downloaded on 25/10/2024 at 09:56:03 PM) (2of 4) her. She is unable to undergo the surgery without the support of an attendant or family member.
3. Briefly speaking, the relevant facts are that petitioner has been languishing in jail since 22.06.2019. His mother is having serious medical issues related to her knee. Doctor has advised her to undergo immediate surgery. Both the sons of the petitioner are in judicial custody. There is no-one else to look-after her. 3.1 Almost all the FIRs against the petitioner (as per Annex.1) have been registered under same penal Sections as already mentioned in the opening para of instant order. 3.2 The petitioner's mother has been recently advised to undergo a total right knee replacement, whereas both her sons are currently incarcerated and in the absence of any of them, her condition will worsen without timely treatment. Hence, this petition.
4. 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. Given the medical emergency, instant petition deserves to be allowed on humanitarian grounds, they would urge.
5. 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."
6. Pursuant thereto, today a report dated 24.10.2024 has been tendered in the course of hearing, which is taken on record. Translated version of relevant of the said report reads as under: (Downloaded on 25/10/2024 at 09:56:03 PM)
(3of 4) "In relation to the aforementioned subject and incident, I wish to state that I have received the treatment papers for Smt. Shakuntala Devi, wife of Virendra Modi and mother of Shri Rohit Modi, who resides on Modi Street near Ayurvedic Hospital, Sirohi. Smt. Shakuntala Devi is reported to be suffering from back and leg pain. The treatment papers are enclosed for your review.
Upon contacting the treating doctor, Dr. Ashok Vishnoi of Vasundhara Hospital in Jodhpur, he confirmed that Smt. Shakuntala Devi is under his care and that her right knee requires replacement. Therefore, I respectfully submit the medical report to your esteemed office for appropriate action."
7. 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 Vasundhara Hospital Limited, Jodhpur. As per the medical opinion dated 19.07.2024 rendered by the expert orthopedician Dr. Ashok Kumar Bishnoi, she has been advised total knee replacement of her right leg and a joint replacement surgery. She is even unable to stand straight on her own without any help. Imminent surgery is stated to be the only way out.
8. Continuous incarceration without the commencement of a trial infringes on an individual's right to life and personal liberty, as enshrined in Article 21 of the Constitution of India. In this case, the petitioner's rights are severely curtailed and his entire family is suffering. His mother, a widow, urgently requires a right knee replacement surgery, but must wait for her sons to be available to take care for her during the pre-operative and post-operative period.
9. Petitioner is a person with family ties and is not a flight risk. Nature of prosecution evidence is mostly all documentary in (Downloaded on 25/10/2024 at 09:56:03 PM) (4of 4) nature, which has been seized and there is no likelihood of tempering with the same.
10. Resultantly, in view of report dated 24.10.2024 (supra) and other reasons as stated above, the writ petition is allowed. The petitioner is directed to be released on interim bail for a period of two months with effect from the date, the bail bonds and surety bonds shall be to the satisfaction of Superintendent, Central Jail, Jodhpur.
11. 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.
12. Furthermore, the Jailor/ Superintendent shall not insist on the insolvency certificate as a part of the condition in the bail bond.
13. 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.
14. All pending application(s), if any, shall also stand disposed of.
(ARUN MONGA),J 388-DhananjayS/-
Whether fit for reporting: Yes / No (Downloaded on 25/10/2024 at 09:56:03 PM) Powered by TCPDF (www.tcpdf.org)