Dismissed

Viresh Shamrao Giri v. the State of Maharashtra

Bombay HC15 Dec 2021BA/665/2021

Case brief

AI extract

What is this about?

In an interim bail application on medical grounds, the court examined certificates regarding the applicant's acute asthmatic attack and his son's sensorineural hearing loss requiring surgery. Finding that the applicant could be treated within the prison and the surgery date had passed without confirmation, the application was dismissed.

What did the court decide?

Application for releasing the applicant on interim bail on medical grounds was dismissed.

Viresh Shamrao Giri Vs the State of Maharashtra — Bail and Remand | Bombay HC (2021)

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( 1 ) 912 ba 665.21

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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912 BAIL APPLICATION NO.665 OF 2021

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VIRESH SHAMRAO GIRI

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VERSUS

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THE STATE OF MAHARASHTRA

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Advocate for Applicant : Mr. Z.H. Farooqui h/f. Gaware Niteen V.
APP for Respondents/State : Mr. S.D. Ghayal

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CORAM : M.G. SEWLIKAR, J.
DATE :15th December, 2021

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P.C.:-

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This is an application for releasing the applicant on interim bail

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on medical grounds.

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2.Applicant was arrested on 09.08.2019 in connection with Crime

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No.528/19 registered with City Police Station, Tq. Sangamner, District
Ahmednagar under Section 363, 364-A, 342, 120-B, 201 read with Section 34
of the I.P.C. and under Section 3/25 of the Arms Act.

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3.Applicant has contended that son of the applicant aged six years
is suffering from “Bilateral Profound Sensorneural Hearing Loss” and that the
applicant himself is suffering from Acute Exacerbation. It is alleged in the
application that son of the applicant is advised surgery for which applicant has
to raise funds. It is further alleged that on account of illness of the applicant

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( 2 ) 912 ba 665.21

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i.e. shortness of breath, it has resulted in to worsening of Chronic Obstructive
Pulmonary Disease (COPD). This treatment can be available only in higher
center. Medical certificate has been issued by Medical Officer, Rural Hospital,
Sangamner, District Ahmednagar in that regard. Applicant is, therefore,
praying for releasing him on medical grounds and on the ground of surgery of
son of the applicant.

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4.This application is opposed by State on the ground that applicant
can be treated in prison properly.

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5.Heard Shri Farooqui learned counsel for the applicant. He

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submits that he has annexed certificate of Dr. Uppal’s ENT Hospital & Sonic
Hearing & Speech Centre. According to Shri Farooqui son of the applicant is
suffering from “Bilateral Profound Sensorneural Hearing Loss”. He submits
that surgery has been advised by the ENT surgeon. He further submits that
applicant himself is suffering from “K/C BA with H/O Acute exacerbation” and
needs to be treated at higher center by an expert. He submits that this
certificate is issued by Medical Officer, Rural Hospital, Sangamner. He,
therefore, prays for releasing the applicant on interim bail.

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6.Report of Rural Hospital, Sangamner was called in respect of
health condition of the applicant. Medical Officer, Rural Hospital, Sangamner

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( 3 ) 912 ba 665.21

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certified that applicant is a known case of (Asthmatic) suffering from Acute
Asthmatic attack needs higher center opinion and treatment.

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7.So far as applicant is concerned, when this application for
releasing him on medical ground is concerned, he was examined by Medical
Officer, Rural Hospital, Sangamner. Thereafter, applicant has been shifted to
Nashik Prison. Report from Nasik Prison was called regarding health
condition of the applicant. Report dated 10.12.2021 given by the Chief
Medical Officer, Nashik Road Central Prison states that the applicant is taking
medicine for Bronchial Asthma with other symptomatic disorder from prison
hospital. It does not say that applicant is suffering from Acute exacerbation
and needs to be treated at higher center.

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8.So far as son of the applicant is concerned, xerox copy of the
medical certificate produced by the applicant shows that date of surgery was
scheduled on 15.06.2021. Learned counsel for the applicant Shri Farooqui
submits that he has no instructions as to whether surgery was performed on
that day or not. Considering this, illness of the applicant does not appear to
be the one which cannot be treated from the prison. In this view of the

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matter, I do not find any substance in the application. Application is,
therefore, dismissed.

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[M.G. SEWLIKAR, J.]

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mub

Viresh Shamrao Giri v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Viresh Shamrao Giri v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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