[Cites 3, Cited by 0]
Rajasthan High Court - Jodhpur
Maga Ram vs State Of Rajasthan (2026:Rj-Jd:16731) on 9 April, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:16731]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 1452/2026
Maga Ram S/o Hema Ram, Aged About 35 Years, Through His
Wife Raju Devi W/o Maga Ram Aged 33 Yeara R/o Pandito Ka Bas
Chomu District Jodhpur (At Present Lodged In Central Jail
Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp Department Of Home
Affarirs Government Of Rajasthan Jaipur Rajasthan
2. The Director General Of Police, Jaipur Rajasthan
3. The Superintendent Of Police, Jodhpur Rajasthan
4. The Superintendent, Central Jail Jodhpur
5. Sho, Police Station Luni Jodhpur City West
6. Sho, Police Station Rathanjana District Pratapgarh
----Respondents
For Petitioner(s) : Ms. Vimla Jain
For Respondent(s) : Mr. Surendra Bishnoi, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
09/04/2026
4. The present writ petition has been preferred under Article
226 and 227 of the Constitution of India read with Section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of
interim bail to the petitioner, who is presently lodged in judicial
custody.
5. It is not in dispute that the petitioner is an under-trial
prisoner and has been incarcerated since October, 2025 in
connection with multiple FIRs have been registered against him,
the particulars whereof have been detailed in Annexure-1 placed
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[2026:RJ-JD:16731] (2 of 5) [CRLW-1452/2026]
on record. For the ease of reference, the particulars of the FIR's
are mentioned hereinbelow:-
FIR No. Police Station District
230/2025 Luni Jodhpur City West
110/2025 Rathanjana Pratapgarh
6. The petitioner seeks interim release on humanitarian
grounds on account that the wife of the petitioner is suffering from
uterous disease and doctor advised for operation and remove
uterous. Copies of the medical reports and receipts have been
placed on record. It is further submitted that, for his wife's
treatment, the presence and assistance of the petitioner, being the
husband, is required to attend to medical formalities, post-
operative care, and other indispensable arrangements.
7. Learned counsel for the petitioner submits that the continued
incarceration of the petitioner since 2025, coupled with the
emergent medical condition of his father, warrants indulgence of
this Court for a limited period. It is contended that the relief
sought is purely temporary, humanitarian in character and does
not touch upon the merits of the pending criminal cases.
8. Per contra, learned AGA opposes the prayer for interim bail
but does not seriously dispute the medical documents placed on
record. It is submitted that in the event this Court is inclined to
grant any indulgence, the same may be made subject to stringent
conditions so as to safeguard the interests of justice.
9. Heard learned counsel for the petitioner and learned AGA for
the State and perused the material available on record.
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[2026:RJ-JD:16731] (3 of 5) [CRLW-1452/2026]
10. The scope of the present petition is confined to consideration
of interim bail on humanitarian grounds. The petitioner is not
seeking adjudication on the merits of the allegations levelled in
the FIRs, nor is he seeking regular bail. The fact that multiple FIRs
have been registered in relation to the same alleged series of
transactions and that the petitioner has been in custody for a
substantial period since October, 2025, coupled with the emergent
medical condition of his father, justifies invocation of the
extraordinary jurisdiction of this Court for a limited and purpose-
specific relief.
11. Serious illness of a parent, particularly where immediate
surgical intervention is medically advised, has consistently been
recognized as a valid humanitarian ground for temporary release,
subject to adequate safeguards. In the present case, the medical
records prima facie indicate urgency of the proposed surgery. The
requirement of the petitioner's presence to assist his ailing father
during the surgical procedure and immediate post-operative
period cannot be brushed aside, especially in the absence of any
material to doubt the genuineness of the medical condition.
12. This Court is equally mindful of the nature of accusations and
the multiplicity of cases pending against the petitioner. However,
interim bail for a short and regulated period, subject to stringent
conditions, would not prejudice the pending proceedings. The
balance between individual liberty under Article 21 of the
Constitution of India and the interest of the prosecution can be
maintained by imposing strict safeguards.
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[2026:RJ-JD:16731] (4 of 5) [CRLW-1452/2026]
13. Having regard to the totality of facts and circumstances,
particularly the long period of incarceration and the emergent
medical condition of the petitioner's father necessitating urgent
surgery, this Court is of the considered opinion that the petitioner
deserves to be enlarged on interim bail for a limited period of 20
days from the date of his actual release.
14. Accordingly, the writ petition is allowed to the extent
indicated hereinbelow. It is ordered that the petitioner shall be
released on interim bail for a period of 20 (twenty) days from the
date of his actual release in connected/ multiple FIRs detailed in
Annexure-2, subject to the following conditions:
(a) The petitioner shall furnish a personal bond in the
sum of ₹1,00,000/- (Rupees One Lakh only) with two
sureties of ₹50,000/- (Rupees Fifty Thousand only)
each, to the satisfaction of the concerned
Superintendent Of Jail, Central Jail.
(b) The petitioner shall be released solely for the
purpose of attending to his father's medical treatment
and the proposed surgery and related post-operative
care.
(c) The petitioner shall not misuse the liberty granted
to him and shall not attempt to influence any witness
or tamper with evidence in any manner.
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[2026:RJ-JD:16731] (5 of 5) [CRLW-1452/2026]
(d) The petitioner shall surrender before the concerned
jail authority immediately upon expiry of the interim
bail period of 20 days, without fail.
(e) In case of breach of any of the above conditions,
the State shall be at liberty to move an appropriate
application for cancellation of interim bail.
15. It is made clear that the grant of interim bail is purely
temporary and on humanitarian grounds and shall not be
construed as an expression on the merits of the case(s) pending
against the petitioner.
(FARJAND ALI),J
169-divya/-
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