Keharsing Harjindarsing Chudda v. The State Of Maharashtra

15 appa 435-18=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 435 OF 2018 IN CRIMINAL APPEAL NO. 333 OF 2014 Keharsing Harjindarsing Chudda ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mrs. Aisha Zuber Ansari for the Applicant.

Mrs. M.M. Deshmukh, APP for the Respondent.

CORAM : S.C.DHARMADHIKARI & PRAKASH D. NAIK, JJ.

DATE : 09th APRIL, 2018 P.C.:

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On 23rd March 2018 on this application, we passed the following order: "1. Mrs.Ansari states that the applicant has only a sister, but she is married. She would not be able to attend to the ailing father, whose surgery will have to be performed so as to save his limbs. However, for that surgery to be performed, prior appointment will have to be fixed with the Surgeon. We put it to Ms.Ansari as to whether any such appointment has been sought and whether the father is advised admission as an indoor patient in the hospital. It is stated that none of these instructions are presently available.

2. To enable the counsel to obtain complete instructions, we post this matter on 9th April, 2018. To be listed on the urgent admission Sneha Chavan 1/2

15 appa 435-18=.doc Board."

Today when the matter was called out, it is stated that the Applicant could not arrange for his father's admission as an indoor patient in the hospital. Once, the father is not admitted in any hospital, then we are not obliged to consider the request for release on temporary bail. It is thus clear that as and when there is any medical emergency, the Applicant can once again approach the Jail Authority and if they do not grant a request, then, he can always approach this court. Granting such liberty, we dispose of the present application. (PRAKASH D. NAIK, J.) (S.C.DHARMADHIKARI, J.) Sneha Chavan 2/2