In this criminal application for temporary bail on grounds of unsoundness of mind, the Bombay High Court rejected the plea due to non-appearance of the applicant's counsel, directing continued medical treatment in jail.
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.
(10)APPANo.2692016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.269 OF 2016 IN
CRIMINAL APPEAL NO.848 OF 2015
Papa @ Vakil Shamim Pathan ... Applicant V/s. The State of Maharashtra ... Respondent
None for the Applicant.
Mr.Prashant Jadhav, APP for the Respondent/State.
CORAM : A.M.BADAR J.
DATED : 22nd MARCH 2018.
P.C. :
1 This is an application by the appellant/accused for grant of temporary bail for three months.
2 None for the applicant/accused. Temporary bail for three months is sought vide this application filed in the year 2016 on the ground that the applicant is mentally unsound and he needs to provide medical treatment.
3 Vide Order dated 20th June 2016, this Court has recorded statement of the learned Additional Public Prosecutor
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Gaikwad RD
(10)APPANo.2692016
that the applicant is being regularly treated at the Mental Hospital at Thane.
4 As the learned Advocate for the applicant is absent, the application is rejected for want of prosecution with a direction to the Superintendent of the concerned jail to continue to provide necessary medical treatment to the applicant/appellant/accused.
(A.M.BADAR J.)
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Gaikwad RD
2 issues framed by the court
Whether temporary bail should be granted to an accused who is mentally unsound for medical treatment.
Whether the application requires hearing given the absence of the applicant's advocate.
Papa @ Vakil Shamim Pathan
The State of Maharashtra
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
