Petitioner sought interim bail for medical treatment involving knee surgery. High Court rejected the writ petition as mis-conceived holding that with the appeal against conviction already dismissed, bail could not be granted regardless of medical certificate.
Writ petition rejected; no interim bail granted.
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.
- 1 -
Cr.WP 246/16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.246/2016
Sikandar Ali Yawar Ali Mirza -
Convict No.16022.
...Petitioner..
Versus
The State of Maharashtra & others.
...Respondents...
.....
Smt.A.S. Hoge Patil, Advocate appointed for petitioner.
Shri S.J. Salgare, APP for respondent - State.
.....
CORAM: R.M. BORDE & P.R. BORA, JJ.
DATE: 26.04.2016
ORDER :
1]The petitioner is seeking interim bail for a period
of six months for securing medical treatment as advised
by the doctor. The petitioner relies upon a certificate
issued by the Medical Officer, Yerwada Central Prison,
Pune, on 28.5.2015 recording therein that the petitioner
is required to undergo surgery in the form of implant
removal, manipulation of right knee under general
anesthesia and surgery for limb lengthening procedure for
Cr.WP 246/16 - 2 -
recovery of tibial bone loss.
2]It would be the responsibility of the jail
authorities to take appropriate steps in case the
petitioner is suffering from any ailment. Since the
appeal presented by the petitioner to this Court
objecting to his conviction and sentence, has already
been dismissed, there is no question of enlarging the
petitioner / accused on bail. The writ petition is mis-
conceived and stands rejected.
3]Smt.A.S. Hoge Patil, learned counsel appointed to
represent the petitioner, shall be paid legal
remuneration of Rs.5,000/-.
ndk/ cr264165.doc
3 issues framed by the court
Whether criminal writ petition for interim bail on medical grounds should be allowed given a dismissed appeal
Validity of reliance on medical certificate for implant removal surgery
Whether petition can be converted to regular bail due to medical urgency
Sikandar Ali Yawar Ali Mirza
The State of Maharashtra
R.M. BORDE
P.R. BORA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court