In this criminal application, the applicant sought temporary bail for three months to undergo treatment at a private Ayurvedic Hospital. The bench considered the applicant's recent re-offence and medical records, concluding that bail should not be granted as treatment is available within the prison system.
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.
APPA 732 OF 2015.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.732 OF 2015 IN
CRIMINAL APPEAL NO.425 OF 2013.
Ganesh Hanumant Ghuge … Applicant. V/s. The State of Maharashtra …. Respondent.
Mr. D. G. Khamkar, for the applicant. Mr. H. J. Dedia, APP for the Respondent-State.
CORAM : SMT. V.K. TAHILRAMANI ACTING CJ & DR. SHALINI PHANSALKAR-JOSHI, J.
DATE : 18th DECEMBER, 2015.
P.C. :
temporary bail of three months to get treatment in the private Ayurvedic Hospital.
applicant was released on parole, he committed an offence which is
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APPA 732 OF 2015.doc
registered at Foujdar Chowdy Police Station, Solapur City vide C.R.No.62 of 2015. He pointed out that offence in the said case is serious. They are under Sections 364, 364(A), 394, 504, 506 read with 34 of the Indian penal Code. Mr. Khamkar submitted that no material was found against the applicant in this case i.e. C.R. 62 of 205, hence no chargesheet was filed in the said case. The learned APP further pointed out that said case was investigated and thereafter a chargesheet was filed by Foujdar Chowdy Police Station, Solapur City on 15.12.2015, before learned Judicial Magistrate First Class, Court No.8, Solapur, vide R.C.C. No.1091 of 2015. The learned APP further pointed out that the application filed by applicant for bail in the said case before learned Additional Sessions Judge has been rejected. This shows that the applicant is prima facie involved in the offence under Section 364(A), 394, 506, 506 read with 34 of Indian Penal Code.
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medical treatment to the applicant including admitting the applicant in
Hospital, for surgery, if found necessary.
[ACTING CHIEF JUSTICE.]
[DR. SHALINI PHANSALKAR-JOSHI, J.]
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C E R T I F I C A T E
Certified to be true and correct copy of the original signed order.
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1 issue framed by the court
Whether to grant temporary bail to the applicant for treatment in a private Ayurvedic Hospital.
Ganesh Hanumant Ghuge
The State of Maharashtra
V.K. Tahilramani
Dr. Shalini Phansalkar-Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
