Interim application for medical bail disposed of. Applicant declared fit for discharge. Transfer to arrest ordered. Mandatory conditions for jail administration of medicine imposed. Adjourned.
Applicant to be transferred to Arthur Road Jail by 12.00 p.m. next day; Jail authority to ensure medicine administration.
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.
56_ia_7_2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.7 OF 2023
IN
BAIL APPLICATION NO.3159 OF 2022
WITH
BAIL APPLICATION NO.3159 OF 2022
Ajay Himmatlal Gosalia
...Applicant
Versus
The State of Maharashtra
...Respondent
Mr. Shirish Gupte, senior counsel with Mr. Dinesh Tiwari, Mr. Ansh
Karnawat, Mr. Mikhail Dey, Mr. Tanuj K. i/b. M/s. Dinesh Tiwari and
Associates for the Applicant.
Mr. S.V. Gavand, APP for the Respondent -State.
Mr. M.S. Kadam, API, Anti Extortion Cell, present.
CORAM: SMT. ANUJA PRABHUDESSAI, J.
DATED: 12th JUNE, 2023.
P.C.:-
1. Pursuant to the order dated 31/03/2023 the Applicant
was admitted in WINS Hospital, Kandivali West. The report received
from the said hospital indicates that “The neurological status of
patient, ataxia and imbalance has improved and there are no new
neurological problems. The episodic hypotension episodes have also
reduced. I have earlier suggested that patient is fit to be discharged
Megha
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56_ia_7_2023.doc
from my side and should be transferred under care of a physician of
Government/Private hospital, as the legal authorities may deem fit
for his assessment, treatment of his residual medical problems and
decide the need for continued hospitalization.”
2.Since the Applicant is fit for discharge he shall be
transferred to Arthur Road Jail on 13th June, 2023 by 12.00 p.m.
Interim application, for medical bail, stands disposed of.
3.Mr. Gupte, learned senior counsel states that the family
of the Applicant will provide medicines prescribed by the concerned
Doctor. The Superintendent of jail to ensure that the said medicines
are given to the Applicant at regular time as prescribed by the Doctor
or as per the recommendation of the Doctor attached to the Jail. In
the event of any medical emergency, the Applicant shall be provided
immediate medical treatment by admitting him in the Jail hospital or
if need be, in any other Government Hospital.
4.Stand over to 26/06/2023.
Megha
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Ajay Himmatlal Gosalia
The State of Maharashtra
Anuja Prabhudessai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court