In a criminal application for bail, the High Court rejected the plea for release on grounds of illness and compassion, finding no competent medical evidence for the applicant's diabetes and noting the child requiring care was discharged on the same day of admission.
Bail application rejected on grounds of illness and compassion.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 359 OF 2008
Umesh Chunnilal Dedhia .. Applicant
V/s
The State of Maharashtra .. Respondent
Mr.K.T. Thomas for the applicant.
Mr.D.P. Adsule, A.P.P. for the State.
CORAM : D.G. KARNIK, J.
DATE : 11TH FEBRUARY 2008
P.C. :
1. Heard.
2. By this application, the applicant, who is in
custody since 29th December 2007, seeks bail in
connection with C.R. No.135/2007 registered by D.C.B.,
C.I.D., Property Cell, Mumbai for the offence punishable
under sections 395, 353, 450, 406 and 412 of the Indian
Penal Code.
3. Previous application for bail bearing No.77 of
2008 has been rejected by the Sessions Court by order
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dated 24th January 2008. Learned counsel for the
applicant does not press for bail on merits but submits
that the applicant be granted bail on two grounds,
namely illness and compassion.
4. According to the applicant, he is a patient of
diabetes and was operated for Fascrotomy on 7th May
2007. The wound of the operation is still not cured and
therefore the applicant should be granted bail. No
convincing medical evidence has been produced to show
that the wound of the operation, which has taken place
nearly 9 months ago, has not been cured and the
applicant is required to be released on bail for its
treatment. Learned counsel for the applicant states
that the applicant is diabetic presently admitted in the
J.J. Hospital where he is receiving treatment. It is
not shown that the disease of the applicant is such that
it cannot be treated in the J.J. Hospital which is a
government general hospital with more than 1000 beds.
Hence, I see no reason for granting bail to the
applicant on the ground of alleged illness.
5. The applicant submits that he has a child aged 2
years and therefore the presence of the applicant is
necessary for the purpose of treatment of his child.
The applicant’s child was admitted in Dr.Karmarkar
Hospital on 18th December 2007 and was discharged on the
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same day as can be seen from the discharge card, a copy
of which is annexed at Exhibit-F to the application. It
cannot be said that the presence of the applicant is
required for the treatment of the child who wad admitted
and discharged on the same day for treatment in
connection with some infection. In the circumstances,
ground of compassion also does not stand scrutiny.
6. In the circumstances, the application is
rejected.
(D.G. KARNIK, J.)
2 issues framed by the court
Whether bail should be granted on grounds of illness and compassion.
Whether lack of competent medical evidence and same-day discharge of child validates rejection of bail on health grounds.
1 provisions across 1 enactments
Umesh Chunnilal Dedhia
The State of Maharashtra
D.G. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court