Allowed

Shivanand @ Pampu Arvind Dhepe v. the State of Maharashtra

Bombay HC7 Aug 2013APPA/956/2013

Case brief

AI extract

What is this about?

The Division Bench allowed bail to the applicant suffering from critical kidney, pancreatitis, and heart ailments pending appeal, suspending substantive sentence for four weeks upon bond execution, with liberty to reapply after review of medical treatment.

What did the court decide?

Suspension of sentence and release on temporary bail for four weeks; liberty to apply for bail after four weeks upon new medical reports.

Shivanand @ Pampu Arvind Dhepe Vs the State of Maharashtra — Bail and Remand | Bombay HC (2013)

APPA 956.13.sxw

JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION

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CRIMINAL APPLICATION NO. 956 OF 2013 IN CRIMINAL APPEAL NO. 1139 OF 2011

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Mr. Shivanand @ Pampu Arvind Dhepe

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... Applicant.

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V/s.

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The State of Maharashtra.

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... Respondents.

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Mr. Ujwal Agandsurve for the Applicant. Ms. U.V. Kejriwal, APP for the State.

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CORAM : P.V. HARDAS & REVATI MOHITE DERE, JJ.

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AUGUST 07, 2013.

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P.C. :-

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By this Application the Applicant/Appellant in Criminal Appeal No.1139 of 2011 seeks suspension of the substantive sentence of imprisonment and his enlargement on bail pending the decision of the Appeal.

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The principal ground which is urged before us for suspension of the substantive sentence of imprisonment is that the Applicant/Appellant is suffering from acute ailment of the kidney, pancreatities and heart ailment. The learned APP

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APPA 956.13.sxw

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has produced before us the medical papers of the treatment which the Applicant has undergone at the Sassoon Hospital, Pune. The learned APP also confirms the ailment with which the Applicant is suffering and in addition, the learned APP states on instructions from the Medical Officers Dr. P.B. Umarji, Sassoon General Hospital, Pune and Dr. U. B. Garad, Yerwada Jail, Pune, who are present in Court that the condition of the Applicant is extremely critical. The learned Counsel for the Applicant, upon obtaining instructions from the father of the Applicant, states that the father of the Applicant is in a sound financial condition to bear the expenses of the medical treatment of the Applicant.

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In the light of the aforesaid findings recorded by us, we are inclined to allow this Application. We accordingly allow this Application and suspend the substantive sentence of imprisonment and release the Applicant on temporary bail for a period of four weeks on the Applicant executing a P.R. bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the trial court for a period of four weeks and the Applicant shall submit further report in respect of treatment which the Applicant has undergone. Liberty to the

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3 APPA 956.13.sxw

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Applicant for applying for release on bail after four weeks on production of necessary papers of his medical treatment.

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In addition to suspending the substantive sentence and releasing the Applicant on bail, we direct the expeditious hearing of the Appeal.

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We accordingly direct the Registry to ensure that the paper-book is received within 8 weeks from today and further direct that the Appeal be listed for final hearing as soon as the paper-book is received.

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Application is allowed as indicated above.

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(REVATI MOHITE DERE, J.) (P.V. HARDAS, J.)

Shivanand @ Pampu Arvind Dhepe v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shivanand @ Pampu Arvind Dhepe 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

Parties & counsel

Coram

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