Disposed

Mr. Sunny @ Aakash Hemraj Belkhade v. the State of Maharashtra

Bombay HC11 Feb 2011APPA/39/2011

Case brief

AI extract

What is this about?

The High Court of Bombay granted temporary bail to the applicant to enable him to undergo organ transplantation (kidney) for his mother at KEM Hospital, Pune, within three months, provided he initiates the process within ten days.

What did the court decide?

Temporary bail for three months with bond of Rs.10,000/- and two sureties to facilitate kidney donation procedure.

Mr. Sunny @ Aakash Hemraj Belkhade Vs the State of… — Service and Employment | Bombay HC (2011)

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appa-39-11

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO. 39 OF 2011 IN CRIMINAL APPEAL No. 214 OF 2009

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Sunny @ Aakash Hemraj Belkhade ... Applicant.

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Versus

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The State of Maharashtra ...Respondent.

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Mr Haribhau Deshinge i/by Vijay Killedar, Advocate for Applicant.

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Mr H.J. Dedhia, A.P.P.for the State

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CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- 11th February, 2011.

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P.C.

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Learned A.P.P. informs that in terms of order dated 27^th January,

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2011, the Appropriate Authority has examined the proposal regarding permission to perform organ transplantation (kidney) in KEM Hospital at Pune, for a period of five years from 10-2-2011. Certificate issued by

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the Appropriate Authority in this behalf is produced before us which is

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taken on record. In view of this certificate, now the applicant will have

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to approach the KEM Hospital, at Pune for performance of organic transplantation (kidney) with intent to donate his kidney to his mother.

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As a matter of fact, the applicant was released on temporary bail in the past for that purpose. But as the bail period expired and the organ transplantation formalities remained inconclusive, the applicant could not complete the process of donation of his kidney to his mother. It is a matter of record that before the expiry of the temporary bail period, the applicant reported back to jail.

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Considering the above, we have no hesitation, to once again release the applicant on temporary bail to enable him to complete the procedure for donation of his kidney to his mother.

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The applicant be released on temporary bail for a period of three months from the date of his release on the condition that he shall furnish bond in the sum of Rs.10,000/-, with one or two sureties in the like amount. Besides, the applicant shall inform the Jail Authorities regarding place, date and time when his kidney transplantation will be done and report back to the jail within the specified time.

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This indulgence is shown on the assurance given by the applicant through counsel that immediately after his release on temporary bail he would initiate the process for fixing the date for organ transplantation of his mother at KEM Hospital, at Pune within ten days from his release.

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The applicant will have to first complete the formality of undergoing necessary tests and only thereafter the KEM Hospital, at

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Pune would be able to specify date of organ transplantation between

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the applicant and his mother.

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We make it clear that if the applicant fails to initiate necessary

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steps for facilitating organ transplantation immediately and more so within ten days from the date of his release the Court may not consider

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the request for extension of further temporary period.

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Application is disposed of on the above terms.

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(A.R.JOSHI, J.)

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(A.M.KHANWILKAR, J.)

Mr. Sunny @ Aakash Hemraj Belkhade v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Mr. Sunny @ Aakash Hemraj Belkhade v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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