Rajasthan High Court: In an interim bail application sought on the humanitarian grounds due to petitioner’s wife’s serious medical condition, a single-judge bench of Arun Monga, J., granted interim bail for 60-days on humanitarian grounds under Article 21 of the Constitution of India, which protects the right to live with dignity, to fulfill his marital obligations and provide necessary care to his wife.
In the instant matter, the petitioner was under judicial custody for over two years, linked to the Sanjivani Credit Cooperative Society fraud. The petitioner sought interim bail for three months, citing his wife’s urgent need for spinal surgery. His wife suffers from radiculopathy, a severe spinal condition, and has been advised by Doctors at Jawaharlal Nehru Hospital to undergo pedicle screw fixation surgery.
The petitioner argued that he is the sole family member available to support her through the surgery and recovery. The petitioner contended that he has not violated previous bail conditions, and the situation is urgent due to his wife’s critical medical needs, which justify interim bail on compassionate grounds.
The Court noted that the petitioner is a person with family ties and is not a flight risk and the nature of prosecution evidence is mostly all documentary in nature, which has been seized and there is no likelihood of tempering with the same.
The Court asserted that the petitioner has fundamental right to fulfill his marital obligations and assist his spouse in a health crisis. The Court recognized the petitioner’s right to act as a supportive husband, referencing Article 21’s protection of dignified living. The Court further stated that the critical medical condition of the petitioner’s wife necessitates immediate care, which only he can provide, as affirmed by her treating physician’s recommendation. The Court asserted that the interim bail is warranted on compassionate and legal grounds, ensuring the petitioner’s temporary release while securing conditions for his return.
“Fundamental right enshrined under Article 21 of the Constitution of India, 1950, also encompasses right to live with dignity as a human being which necessary entails to act as a good husband in terms of the marital wows taken during the saptapadi ceremony as per Hindu rituals.”
The Court granted the petitioner an interim bail for 60 days on the grounds of petitioner’s family ties, the documentary nature of evidence (minimizing tampering risks), and the medical emergency. The Court directed that the petitioner is to be released on a 60-day temporary bail. The 60-day period begins from the date of release, with a mandatory surrender deadline by 5:00 p.m. on the final day. The Court stated that the present bail order covers all FIRs cited in the petition, and all pending applications are resolved accordingly.
[Amar Singh Rathore v. State of Rajasthan, 2024 SCC OnLine Raj 3270, Decided on 24-10-2024]
Advocates who appeared in this case :
Ms. Priyanka Borana, Counsel for the Petitioner
Mr. Vikram Rajpurohit, PP, Counsel for the Respondents
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