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ALI KHAN v. STATE OF RAJASTHAN

Supreme Court of India | Diary 10293/2026

Status

ROP - of Main Case

Decided On

12-03-2026

Bench

HON'BLE MR. JUSTICE PANKAJ MITHAL and HON'BLE MR. JUSTICE S.V.N. BHATTI

Petitioner

ALI KHAN

Respondent

STATE OF RAJASTHAN

casestatus.in Summary

When a spouse of an accused is seriously ill and requires surgery, interim bail may be granted on stringent conditions even where the High Court declined it, as medical exigency of a close family member constitutes sufficient ground for temporary release. This case analysis is maintained by casestatus.in based on publicly available court records.

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Full Judgment Text

ITEM NO.4 COURT NO.9 SECTION II-D S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S). 4097/2026 [Arising out of impugned final order dated 29-01-2026 in SBCRMIBA No. 13658/2025 passed by the High Court of Judicature for Rajasthan at Jodhpur] ALI KHAN PETITIONER(S) VERSUS STATE OF RAJASTHAN RESPONDENT(S) FOR ADMISSION (IA No. 70407/2026 - EXEMPTION FROM FILING O.T.) Date : 12-03-2026 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PANKAJ MITHAL HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Irshad Ahmad, AOR Mr. Sanobar Ali Qureshi, Adv. 1

Mr. Shoeb Alam, Adv. Mr. Khalid Ashraf, Adv. For Respondent(s) Mr. Shiv Mangal Sharma, AAG Mr. Puneet Parihar, Adv. Ms. Sonali Gaur, Adv. Ms. Nidhi Jaswal, AOR UPON hearing the counsel the court made the following O R D E R 1. Heard learned counsel for the petitioner. 2. Mr. Shiv Mangal Sharma, learned AAG appears along with Ms. Nidhi Jaswal, learned AOR on advance notice. 3. Learned counsel for the parties accept that the wife of the petitioner is advised to undergo surgical intervention by Gynecologist and therefore, the petitioner needs to be enlarged on bail for a short term. 2

4. The High Court has declined interim bail despite accepting illness of the wife of the petitioner, for the reason that there may be some other members of the family to take care of the wife. 5. In view of the fact that the wife is ill and has been advised to undergo surgery, which is not being opposed, we deem it proper to enlarge the petitioner on interim bail for a period of one month subject to stringent conditions as may be imposed by the Trial Court including that the petitioner will continue to cooperate with the trial and mark his attendance every day and that he will not tamper with the evidence or influence the witnesses. 6. Ordered accordingly. 3

7. The Special Leave Petition stands disposed of accordingly. Pending application(s), if any, shall stand disposed of. (Nidhi Mathur) (Geeta Ahuja) Court Master (NSH) AR-cum-PS 4

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