JUDGMENT 1. - The applicant is in judicial custody and is lodged at District Jail, Rajsamand being accused in P.I.R. No. 208/2006 pending investigation at Police Station, Rajnagar District Rajsamand pertaining to the offences under Section 292 I.P.C., Section 67 of the Information Technology Act, 2000 and Section 4/6 of the Indecent Representation of Women (Prohibition) Act, 1986. 2. An application preferred by the applicant under Section 439 Cr.P.C. was rejected by this Court on 25.4.2006. A second application under Section 439 Cr.P.C. thereafter.was filed by the applicant before this Court on 17.5.2006 i.e., pending consideration and in pursuant to the order dated 2.6.2006 it is to be listed before the Court for orders on 5.7.2006. 3. During pendency of second application under Section 439 Cr.P.C. an application is preferred by the applicant seeking interim bail on the count that his wife Smt. Seema who is presently at Chennai is quite serious and she requires adequate care. The facts averred in the petition to substantiate the request for interim release on bail reads as under: "6. 'That meanwhile certain peculiar circumstances have arisen in the matter. Looking to the allegations levelled against the petitioner, his family members, so also the members of in-laws family are not co- operating, rather they have disconnected themselves with the petitioner. In such circumstances, petitioner's wife Smt. Seema who has been left uncared for and has been forced to live with one of her distant relative Shri Mohd. Shahin residing at Haveli Marble, Seventy Five Area, Govadar Road, West Mombelam, Madras and she is suffering from symptoms, which could not be detected without proper check-up. 7. It will also be relevant to mention here that Smt. Seema was married with petitioner in the month of August, 1997 and since last about 9 years she has not got any child. As Mohd. Shahin is also so capable person, thus, he telephonically informed about the required medical check-up and treatment of Smt. Seema to one Shri Yuvraj Singh S/o Shanti Lal Choudhary, R/o, Nathdwara, who is one of the friend of the petitioner but he also being helpless, informed the petitioner and counsel for the petitioner that Smt. Seema is suffering hard and is facing some abnormal symptoms and the petitioner is the only person to take her for proper check-up and treatment. She is very seriously facing the circumstances. 8. She is very seriously facing the circumstances. 8. In the aforesaid circumstances, the petitioner is left with no other choice, except to request to this Hon'ble Court for grant of interim bail for a period of about 20 days, so that he may go to Madras and get her wife properly checked up and manage for her proper treatment and if required, she may be brought to Nathdwara or Rajnagar. If the petitioner fall to perform his duty of protecting her wife and if anything untoward happen, it will be deemed to be a social conviction for whole of his life, for which he will never be compensated even if acquitted in the matter." 4. An affidavit is also placed on record sworn in by Shri Yuvraj Singh son of Shri Shantilalji Choudhary, resident of Nai Ilaveli, Nathdwara, Rajasthan claiming himself to be a friend of the applicant. Shri Yuvraj Singh in his affidavit stated that he received a telephonic message from Mohd. Shahin on 20.6.2006 conveying that Smt. Seema w/o Javed Hussain (applicant) has developed some strange symptoms and while sitting, walking she is having convulsions, headache and she is in state of keeping mum for quite long time. The contents of the affidavit sworn in by Shri Yuvraj Singh, which are relevant to adjudicate the present application, reads as under: "3. that due to the social boycott.and having no other option to live with, Mrs. Seema w/o Shri Javed Hussain went to her distant relative Shri Mohd. Shahin residing at Haveli Marble, Seventy Five Area, Govadar Road, West Mombelam, Madras, who is working on a very meagre amount in the business of marble and hardly fulfill his and his family's belly. 4. That on 20.6.2006 at about 8 in the night, I received a telephonic message from Mohd. Shahin that Smt. Seema wife of petitioner Javed Hussain since last two days has developed some strange symptoms and while sitting, walking she is having convulsions, headache and in a state of keeping mum froth come out of her mouth and within minutes she falls down on ground and become senseless with no symptoms of life. Shri Mohd. Shahin is a very poor man and cannot bear the treatment expenses of Mrs. Seema and in such a condition of Seema when he sprinkles water on her at home she after about half an hour turns normal. Shri Mohd. Shahin is a very poor man and cannot bear the treatment expenses of Mrs. Seema and in such a condition of Seema when he sprinkles water on her at home she after about half an hour turns normal. Such circumstances are repeatedly happening twice or thrice a day and Shri Mohd. Shahin himself is very much perturbed and though he wants to help her but looking to his very poor condition he is helpless so he informed me to take appropriate steps. 5. That immediately after receiving this information, I conveyed it to the petitioner who is in custody but he is also helpless and in such circumstances Javed the petitioner is the only person, who can take care and manage for the treatment of Mrs. Seema as no other person is ready to go to Madras and bring Mrs. Seema even." 5. It is stated by counsel for the applicant at Bar that Smt. Seema is suffering from a serious ailment and she may even die due to that, therefore, she requires adequate care and immediate medical assistance. According to counsel for the applicant, the applicant want to bring his wife Smt. Seema to Rajsamand to get her treated sufficiently. The counsel for the applicant also stated that while considering this application humanitarian approach of the Court is required to be extended. It is vehemently urged that any unfortunate happening if takes place shall neither excuse the applicant nor the entire adjudicating system. 6. Heard counsel for the petitioner as well as Public Prosecutor. 7. The second application preferred by the applicant under Section 439 Cr.P.C. is pending consideration before this Court and is to be listed for orders on 5.7.2006. Looking to all the facts and circumstances of the case I do not consider it appropriate to order for release of the applicant as an interim measure. 8. However, looking to the facts stated in the application, affidavit sworn in by Shri Yuvraj Singh and the contentions of learned counsel for the applicant, I am of the view that wife of the applicant requires immediate medical assistance. Smt. Seema is presently staying in Chennai at Haveli Marble. Seventy Five Area. Govadar Road, West Mombelam, Madras (Chennai) under the care of Shri Mohd. Shahin as it is apparent from perusal of the facts averred in para 6 of the application seeking interim bail. Smt. Seema is presently staying in Chennai at Haveli Marble. Seventy Five Area. Govadar Road, West Mombelam, Madras (Chennai) under the care of Shri Mohd. Shahin as it is apparent from perusal of the facts averred in para 6 of the application seeking interim bail. I can understand anxiety of the applicant to serve his wife by providing adequate care and treatment to her. 9. In totality of facts and circumstances of the case I consider it appropriate to direct the Collector, Rajsamand and also to Superintendent of Police, Rajsamand.to make all necessary arrangements to bring Smt. Seema wife of the applicant from Chennai to Rajnagar, District Rajsamand within a period of four days from today. The expenses in this regard shall be borne by the State Government. The Collector, Rajsamand in consultation with Superintendent of Police, Rajsamand shall depute a competent officer with adequate security to bring Smt. Seema to Rajsamand from Chennai. Smt. Seema shall be brought to Rajsamand only, she is willing for that and gives unambiguous. consent in this regard to the officer deputed. 10. The Collector, Rajsamand is further directed to take all necessary steps for providing adequate treatment to Smt. Seema, if she willingly come to Rajsamand with the officer deputed by the Collector, either at Rajsamand or wherever the competent medical officers at Rajsamand recommend for. 11. The Superintendent, District Jail, Rajsamand is directed to arrange meeting of the applicant with his wife for about a period of two hours after her reaching at Rajsamand, after giving necessary information to the Superintendent of Police, Rajsamand in this regard. 12. The application for interim bail is disposed of accordingly. A copy of this order be immediately sent by FAX to the Collector, Rajsamand and a certified copy be also sent. The Collector, Rajsamand is directed to act upon the order on basis of the copy received by him by the registry of this Court through FAX. Record of this application be tagged with the record of SB Criminal Miscellaneous IInd Bail Application No. 2069/2006.Application for interim bail disposed of. *******