OPENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition has been preferred under Articles 226 and 227 of the Constitution of India read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of interim bail to the petitioner, who is presently lodged in judicial custody.

(2.) It is not in disputed that the petitioner is an under-trial prisoner and has been in custody since 17/3/2023 in connection with FIR No.123/2024 registered at Police Station Mahamandir, Jodhpur East for the offences punishable under Ss. 420, 406 and 120-B of the IPC, Ss. 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Ss. 3/21, 4/22 and 5/25 of the Banning of Unregulated Deposits Schemes Act, 2019. It is further borne out from the record that other FIRs of similar nature have also been registered against the petitioner, the details whereof have been placed on record as Annexure-1.

(3.) The petitioner seeks interim release on humanitarian grounds on account of the serious medical condition of his mother, namely Smt. Sarwani Devi, aged about 69 years. It has been pleaded that she is suffering from advanced osteoarthritis (OA) of both knees and is experiencing acute and debilitating pain. The medical documents placed on record reflect that upon clinical examination at Rajakiya Shri Kalyan Chikitsalaya, she has been advised to undergo total knee replacement surgery for both knees. Copies of the relevant medical reports have been annexed as Annexure-2.