Allowed

Ganesh Pratap @ Sanjay Patil v. the State of Maharashtra

Bombay HC25 Nov 2014APPA/1462/2014

Case brief

AI extract

What is this about?

The High Court accepted bail application filed by a life convict suffering from cancer requiring treatment unavailable in jail. The court suspended the substantive sentence and granted bail for six months.

What did the court decide?

Suspending substantive sentence of life imprisonment and releasing the appellant on bail for six months with a bond of Rs.20,000 and sureties.

Ganesh Pratap @ Sanjay Patil Vs the State of Maharashtra — Bail and Remand | Bombay HC (2014)

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cr.app.1462.14.1073.13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1462 OF 2014

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in CRIMINAL APPEAL NO.1073 OF 2013

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Ganesh Pratap @ Sanjay Patil

State of Maharashtra

.. Respondent

Mr.H.S.Venegavkar i/b Ms.Sweta Manoj Jhavar for Applicant Mrs.U.V.Kejriwal APP for State

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CORAM: P.V.HARDAS & G.S.KULKARNI,JJ

NOVEMBER 25, 2014

P.C.

This is an application which is filed by the Applicant/Appellant in Criminal Appeal No.1073 of 2013. The Applicant is original Accused no.3 who stands convicted along with other accused for offences punishable under sections 302 read with 149, 147, 148, 452 of the Indian Penal Code and under the Arms Act. The Applicant is sentenced to imprisonment for life and other terms of imprisonment for other offences.

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The suspension of the substantive sentence of imprisonment and enlargement of the applicant on bail is sought for on the principal ground that the applicant is suffering from cancer and is admitted in Dr.Joshi's Cancer Centre. A

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certificate has been produced before us by the learned APP. As per the said certificate, the applicant was registered on 7^th October 2014 and was admitted as an indoor patient on 9^th October 2014. The applicant was discharged on 6^th November 2014. The applicant was re-admitted on 10^th November, 2014 as an indoor patient and continues to be indoor patient receiving further treatment. As per the said certificate, the treatment for the ailment for which the applicant is suffering is likely to be of duration of 2 years.

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In the light of the fact that the applicant is suffering from a serious ailment which requires medical treatment which is not available in jail hospital, we are inclined to suspend the substantive sentence of imprisonment for life and enlarge the applicant on bail. In our opinion, it would be appropriate that temporary bail for a period of six months is granted to the applicant and thereafter question of extension of the said bail is reviewed by the Court depending upon the treatment and health status of the applicant.

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We accordingly, allow the application and suspend the substantive sentence of imprisonment for life and release the applicant on the applicant executing a P.R.bond in the sum of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. The period of this bail shall be

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for a period of six months from the date of release of the applicant on bail. After expiry of six months, the applicant is at liberty to apply to this Court for extention of bail granted to him by our order. In the event, the applicant does not make any application or the Court does not extend the period of bail the applicant shall surrender to his bail after expiry of the period of six months.

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In the event the applicant is shifted from Dr.Joshi's Cancer Centre, necessary intimation regarding the hospital shall be given by the applicant to the concerned police station.

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Application is allowed to the extent indicated above.

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All concerned to act on an authenticated copy of this order.

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(G.S.Kulkarni, J) (P. V.Hardas,J)

Ganesh Pratap @ Sanjay Patil v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ganesh Pratap @ Sanjay Patil v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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