Court granted bail to an applicant detained for four years in an MCOC case where trial and charge framing were pending, citing severe deteriorated health due to a paralytic stroke.
Released on bail in sum of Rs. 30,000/- with one surety in like amount or two sureties in Rs. 15,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
8.ba.490.12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 490 OF 2012
Mr.Rakesh Sadanand Dhamale ..Applicant -Versus- The State of Maharashtra (At the instance of Pali Police Station, Raigad vide their C.R.No.I-31/08) ..Respondent
Mr.Pankaj Kavale, Advocate for the Applicant.
Mrs.S.V.Sonawane, APP for the State-Respondent.
CORAM : A.M. THIPSAY, J. DATE : 8TH MAY 2012.
P.C.
. Heard Mr.Pankaj Kavale, learned advocate for the applicant and Mrs.S.V.Sonawane, learned APP for the State. I have also heard the Investigating Officer Mr.Nikam, Additional S.P.
2 The applicant is an accused in MCOC Special Case No.11/08 pending before the Special Judge, MCOC Court, Thane. The applicant is in custody since August 2008. The trial has not yet commenced. Even
the charge has not been framed. It is also not in dispute that at present no Judge has been nominated to preside over the Special Court.
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3 This application, under the circumstances, is pressed mainly, on the ground of the ill health of the applicant.
4 According to the learned advocate for the applicant, even on merits, there is a good case of release on bail but in the circumstances, he has confined himself only to the ground of ill health and the delay in holding the trial.
5 I have gone through the report received from the Dean of the J.J.Group of hospitals. It appears that the applicant has suffered a paralytic stroke and he is, right now, unable to move right half of his body. The report shows that the health of the applicant has considerably deteriorated. His condition appears to be quite bad.
6 The learned APP, while maintaining that there exists a case on merits, against the applicant, fairly concedes that if the applicant is to be released on the ground of ill health, there is no objection on behalf of the prosecution for his release on bail.
7 Considering the health condition of the applicant and the fact that he has already been in custody for a period of four years and that, even
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8.ba.490.12
the charge has not yet been framed, I think it fit to release the applicant
on bail.
9 The applicant is ordered to be released on bail in the sum of Rs.30,000/- (Rupees Thirty thousand only), with one surety in the like amount, or two sureties in the sum of Rs.15,000/- each.
( A.M. THIPSAY, J. )
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1 issue framed by the court
Whether an accused in custody for four years with a paralytic stroke and unframed charges should be released on bail.
Mr. Rakesh Sadanand Dhamale
The State of Maharashtra
A.M. Thipsay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
