The High Court extended bail and permitted the applicant, a critically ill accused in M.C.O.C. cases, to travel to London for mandatory liver transplant tests and surgery.
Bail extended for three months; permission granted to travel to London for liver transplant; conditions imposed regarding deposit, police intimation, and return.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1512 OF 2014 IN
CRIMINAL APPEAL NO. 1282 OF 2012
Vinod Goverdhandas Asrani
.. Applicant
Vs.
The State of Maharashtra & anr.
.. Respondents
Mr. Niteen Pradhan a/w Mr. Yogesh Dandekar, Mr. Shailendra Kanetkar for applicant.
Mrs. A. S. Pai, APP for State.
Mr. Sandip Babar i/by Mr. Shahaji Shinde for respondent no.2.
CORAM: P. V. HARDAS & G. S. KULKARNI,JJ.
DECEMBER 23, 2014.
P.C.
accused in a M.C.O.C. case, which is pending before the Special Judge
assigned with deciding M.C.O.C. cases. In this application, the applicant
has prayed that the bail, which has been granted to him by this court by its
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order dated 13/6/2014 in Criminal Application No. 712 of 2014, be extended further and the applicant may be permitted to travel abroad i.e. London for undergoing liver transplant surgery. The applicant has also prayed that necessary directions be issued to the respondents for returning the passport and also to permit the applicant to apply for a fresh passport.
in the pending M.C.O.C. case and the said application was rejected by the
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trial court. The appeal filed against the said order was admitted by this court and pending consideration of Criminal Appeal No. 1282 of 2012, the applicant had moved Criminal Application No. 1857 of 2012 praying for his release on bail on the ground that the applicant was critically ill on account of damage to the liver which necessitated liver transplant. The Division Bench of this court, by its order dated 12/12/2012 allowed the application filed by the applicant and directed that he be released on bail on medical ground only for a period of six months, observing that if necessary, the said period could be extended with the leave of this court. Subsequent thereto, on the expiry of the said period, Criminal Application No. 644 of 2013 was filed in the pending Criminal Appeal with a prayer for extending the period of bail granted by this court. Accordingly, the bail, which was granted earlier, was extended by us. Criminal Appeal No. 1282 of 2012 was ultimately dismissed by this court by its judgment dated 20/8/2013. While dismissing the appeal, the Division Bench of this court acceded to the request of the appellant/applicant and extended the temporary bail, which was granted by this court on 12/12/2012 till 6/5/2013. Subsequently, by order dated 28/8/2013 in Criminal Application No. 1202 of 2013, the bail, which was granted to the applicant, was extended till 11/12/2013. We are further informed that such extensions have been granted to the
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applicant and presently the period of bail has been extended till 15/01/2015.
are pending against the applicant i.e. Crime No. 487 of 1990, Crime No.
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256 of 2003 and two cases under the M.C.O.C. Act. In respect of Crime No. 487 of 1990 and Crime No. 256 of 2003, Mr. Pradhan, learned counsel for the applicant has stated before us that the applicant has been acquitted and the only cases pending against the applicant are the prosecutions under the M.C.O.C. Act. The learned APP has also urged before us that under the guise of liver transplant, the applicant is likely to jump the bail. The grant of permission to the applicant for travelling abroad for liver transplant surgery is also opposed by the learned APP on the ground that such facility is also available in India. We had inquired from the learned APP if a suitable and a compatible liver is available for transplantation to the applicant in India. While not disputing the medical condition of the applicant, the learned APP fairly stated before us that she had no instructions if the applicant is deliberately avoiding to undergo the liver transplant surgery in India. Alternatively, the learned APP has urged before us for imposing certain strict conditions which would allay the apprehension of the prosecution that the applicant would jump bail and abscond.
before us that though the applicant has registered himself at the St. Georges
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Hospital and had also approached the Hospitals at Chennai, absence of compatible liver has not made it possible for the applicant to undergo liver transplant. Mr. Pradhan has further submitted before us that the applicant would abide by whatever conditions which this court may impose.
to travel abroad i.e. to London only for the purpose of undergoing liver transplant surgery on the following conditions :
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(d) The applicant shall inform D.C.B. C.I.D., Unit – I, Mumbai the address at which the applicant shall be available in London. The applicant shall also inform the D.C.B. C.I.D., Unit – I, Mumbai in case of change of the address. The applicant shall also intimate the authorities regarding the telephone numbers at which the applicant can be contacted. The applicant shall furnish his full itinerary before leaving for London. The applicant shall also submit a photocopy of the passport along with visa.
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(e) The applicant is presently granted permission to travel abroad for a period of three months only, with liberty to the applicant to seek extension of this period in the event the applicant undergo surgery in London.
(f) On his return to India, the applicant shall submit a praecipe, intimating the court of his return from London.
(g) The bail granted to the applicant, in the peculiar facts of the present case, is extended by a further period of three months with effect from 15/01/2015.
A copy of this order duly authenticated be provided to the learned counsel for the parties to act upon.
1 issue framed by the court
Whether bail granted to a critically ill accused should be extended and permission granted to travel abroad for liver transplant surgery.
Vinod Goverdhandas Asrani
The State of Maharashtra
P. V. HARDAS
G. S. KULKARNI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
