fulfilled or the court fails to record such
satisfaction, the bar to grant bail or for that matter
interim bail would operate. In the circumstances, the
Applicant was required to be taken into custody. At
that stage, the learned counsel for the applicant
submitted that instead of taking physical custody of
the applicant and removing him to jail, the applicant
be allowed to continue with the treatment in the
Bombay Hospital, where he was undergoing treatment
with jail escort deployed outside his cabin. That
request was acceptable to the Respondent and
accordingly, this court permitted that arrangement.
In other words, the applicant has already been taken
in the custody. The applicant was, however, allowed
to remain in the hospital to continue with the medical
treatment, as no clear opinion from the concerned
doctor was available on record to indicate that the
applicant was fit for being discharged from the
hospital. The matter was, therefore, adjourned to
obtain necessary certificate from the concerned
doctor. Consequent thereto, both sides relied on
certain documents which, according to me, created
doubt about the clear opinion on the fitness of the
applicant for being discharged. In the circumstances,
I directed the respondent to file affidavit of doctor
