Keshar Singh vs State Of Rajasthan
2021 Latest Caselaw 8130 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4225/2021

Keshar Singh S/o Sh. Khim Singh, Aged About 40 Years, B/c Rajput, R/o Village Salodriya, Tehsil Sumerpur, Dist. Pali (Raj.). (Lodged At Dist. Jail, Pali).

                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Dinesh Godara
For Respondent(s)        :     Mr. Mahipal Bishnoi, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

24/03/2021

Heard learned counsel for the parties.

This interim bail application has been preferred on behalf of

the petitioner with a prayer to release him on interim bail for a

period of two months on the ground that he is required to be

operated urgently for a brain tumor detected during the course of

examination by the hospital authorities.

The petitioner is lodged in Central Jail, Jodhpur and he was

admitted in the MDM Hospital, Jodhpur wherein, the Doctor

advised him for operation, but the petitioner as well as his brother

did not give consent for the same and pursuant to that, the

Superintendent, MDM Hospital, Jodhpur has written a letter to the

Superintendent of Central Jail, Jodhpur on 15.03.2021 with the

request to get the consent of the petitioner and his relatives for

the purpose of operation.

(2 of 2) [CRLMB-4225/2021]

Learned counsel for the petitioner has submitted that the

petitioner may be enlarged on interim bail so that his family

members got him treated at a private hospital, out of the State of

Rajasthan.

Taking into consideration the fact that the Superintendent,

MDM Hospital, Jodhpur in his letter dated 15.03.2021 has

specifically mentioned that the petitioner is required to be

operated urgently and from this fact it appears that the condition

of the petitioner is serious and in such circumstances, he cannot

be permitted for treatment at a distant place out of the State of

Rajasthan, which may be dangerous to his life.

In such circumstances, I am not inclined to enlarg the

petitioner on interim bail, however, the Superintendent, Central

Jail, Jodhpur is directed to immediately admit the petitioner in

MDM Hospital, Jodhpur and on his admission, the Superintendent,

MDM, Jodhpur shall arrange for immediate surgery/operation of

the petitioner after obtaining consent of the petitioner as well as

his near relatives. The Superintendent, MDM Hospital, Jodhpur as

well as the Superintendent, Central Jail, Jodhpur are also directed

to allow one near relative of the petitioner preferably his brother

to remain present during the admission of the petitioner in the

MDM Hospital, Jodhpur.

This interim bail application is disposed of accordingly.

(VIJAY BISHNOI),J

219-mohit/-

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