Convict in open prison sought release citing illness; court directed light work be allotted instead of agricultural work, declined to revisit merits of earlier rejected application, and dismissed the interim application while expediting the appeal.
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MANDIRA MILIND Digitally signed by MANDIRAMILIND SALGAONKAR SALGAONKAR Date: 2024.08.07 22:33:57 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2322 OF 2024
IN
CRIMINAL APPEAL NO.1051 OF 2021
Dilip Shreepad Bhalerao
.. Applicant
Versus
The State of Maharashtra .. Respondent
WITH
CRIMINAL APPEAL NO.424 OF 2022
Karan Nandkumar Patil & Anr.
.. Appellants
Versus
The State of Maharashtra .. Respondent
Mr.Irfan A. Shaikh for the Applicant.
Mr.Y.M.Nakhwa, A.P.P. for the State/Respondent.
WPSI A.H.Shinde, attached to Mahim Police Station, present.
CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.
DATED : 05th AUGUST, 2024
P.C:-
We have perused the said report, which reveal the clinical diagnosis of the patient as “CVA (Infarct) with right
M.M.Salgaonkar
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sided Hemiparesis on account of hypertension”. The report has also made reference to Limb Physiotherapy and upon his examination on 07/05/2024, he is given medicine for hypertension.
Though the learned counsel for the Applicant insisted for the release of the Applicant on bail in the wake of the decision in the case of Suleman Vs. The State of Uttar Pradesh1 , in view of the decision of the Apex Court in the case of Omprakash Sahni Vs. Jai Shankar Chaudhary & Anr.2 , since on an earlier occasion, his application was considered on merit, we are not required to go into the merits of the matter and have
1 2022 SCC OnLine 714
2 (2023) 6 SCC 123
M.M.Salgaonkar
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considered the present Interim Application only on the ground of illness that was set out in the application.
The Interim Application stands rejected. The hearing of the Appeal is expedited.
(MANJUSHA DESHPANDE,J.) (BHARATI DANGRE, J.)
M.M.Salgaonkar
1 issue framed by the court
Whether a convict whose earlier bail application on merits was rejected should be released from open prison on the ground of illness (right-sided hemiparesis)?
Colour shows how this judgement treated each authority
Suleman Vs. The State of Uttar PradeshReferred
2022 SCC OnLine 714 · Who else cites this
Omprakash Sahni Vs. Jai Shankar Chaudhary & Anr.Applied
(2023) 6 SCC 123 · Who else cites this
Dilip Shreepad Bhalerao
The State of Maharashtra
Karan Nandkumar Patil & Anr.
Bharati Dangre
Manjusha Deshpande
As recorded by the court registry
4 orders share this CNR
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