Allowed

Ajay Ramniklal Shah v. the State of Maharashtra

Bombay HC30 Sept 2014BA/1925/2014

Case brief

AI extract

What is this about?

Single-judge chamber order granting temporary bail for 30 days to an applicant booked for murder (Section 302 IPC) to facilitate open heart surgery, relying on Section 482 Cr.P.C. The Court directed the applicant to seek treatment and instructed the trial court to expedite the pending case.

What did the court decide?

Applicant released on temporary bail for 30 days in Rs. 30,000/- with fresh bonds to undergo open heart surgery.

Ajay Ramniklal Shah Vs the State of Maharashtra — Bail and Remand | Bombay HC (2014)

ba-1925-14

Ladda

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION N0. 1925 OF 2014

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Ajay Ramniklal Shah ..Applicant. Vs The State of Maharashtra ..Respondent.

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Ms Anjali Patil for the Applicant. Shri S.S.Pednekar, APP for the State. Shri Santosh Sawant, PSI Ghatkopar Police Station.

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CORAM :- A.R. JOSHI, J. DATE : - 30th September, 2014. (In Chamber at 2:30 p.m.)

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P.C.

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Heard learned counsel for the applicant. Also heard

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learned A.P.P.for the State. This is an application for grant of temporary bail on medical ground. In fact, there cannot be any such concept for grant of temporary bail as it is not recognized by the Criminal Procedure Code. However, in order to meet the ends of

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justice and in order to facilitate immediate and urgent medical assistance to the person suffering from any ailment, recourse to Section 482 of Cr.P.C. can be taken by the High Court.

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In the present matter, earlier bail application before this

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Court was withdrawn on 29^th January,2014 when it was made clear by this Court that the case against the applicant is of such a nature that he is not entitled for bail in the matter of offence punishable under Section 302 of IPC and other allied sections.

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It is brought to the notice of this Court by the learned counsel for the applicant and also by the learned A.P.P. for the State that earlier vide order dated 12^th May,2014 the application for temporary bail on medical ground was granted by the Additional Sessions Judge, Greater Bombay below Exhibit 5 in Sessions Case No. 777 of 2013 and on the strength of the said order the applicant is enlarged on bail in the sum of Rs.30,000/-with surety and till date he is on bail. Without going into the propriety as to passing of such order of granting temporary bail in the absence of any such temporary bail provisions recognized by the law, it is to be ascertained whether the present applicant can now be released on bail for a limited period so that he can get the appropriate medical help including the open heart surgery. Regrading the ailment suffered by the applicant, attention of this Court is drawn towards certificate issued by the Department of Sir J.J. Group of Hospitals Mumbai and which is at page No.218 in the documents annexed to the present

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application. Considering the ailment and considering the requirement of open heart surgery, in the opinion of this Court the present applicant can be released on temporary bail for the period of 30 days from today.

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In the meantime, it is expected that the applicant shall get himself treated by taking appropriate measures as advised by doctors. Apart from this, specific directions are given to the trial

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Court to deal with the pending sessions case No. 777 of 2013 expeditiously considering the specific circumstances under which the temporary bail application is being made. It is further brought to the notice of the trial Court that there cannot be any grant of temporary bail on any count and only the recourse to grant such relief can be taken by the higher Courts under Section 482 of Cr.P.C. The present application is allowed. In the result, the following order is passed : \

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ORDER

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(i) The applicant shall be released on temporary bail in the sum of Rs. 30,000/- with fresh bonds. This bail shall be effective for

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the period of 30 days from the date of this order.

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(A.R. JOSHI, J.)

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Ajay Ramniklal Shah v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ajay Ramniklal Shah v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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