Mohammed Farooq Mohammed Hanif Sheikh@Farrokh Shaikh v. The State Of Maharashtra And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2829 OF 2019 Mohammed Farooq Mohammed Hanif Shaikh @ Farookh Shaikh

...Petitioner

Vs.

The State of Maharashtra And Ors.

...Respondents

--- Dr. Sujay Kantawala a/w. Aishwarya Kantawala, Poorva Patil, Shubham Pirolkar I/by Neha Suresh Ahuja for Petitioner. K.V. Saste, APP for Respondent - State.

Ms. Vaidehi Pusalkar, H.S. Venegaonkar for E.D. ---- CORAM :

SHRI. RANJIT MORE & SMT. BHARATI H. DANGRE,JJ.

DATE : 25th JUNE 2019 P.C.:

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Heard learned counsel for the respective parties. By the order dated 06.06.2019 we permitted petitioner to attend his ailing wife at Hospital, while remaining in custody of the Police Officers till 18.06.2019.

2.

Despite this order the petitioner was not permitted to avail the liberty till 10.06.2019 to visit his ailing wife therefore, by separate order dated 10.06.2019 we permitted to avail above stated liberty to visit his ailing wife at Hospital or House till 25.06.2019 i.e. today.

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Mr. Kantawala learned counsel for the petitioner today place on record a certificate dated 26.04.2019 of Dr. K.P. Paghdiwalla. The certificate disclose that the petitioner's wife underwent Hysteroscopy on 18.06.2019 and she was discharged on 19.06.2019. Awaiting HP report the petitioner's wife was required to be readmitted on 23.06.2019 on account of heavy bleeding and weakness. The certificate is taken on record. In the light of the above said certificate and the medical emergency stated therein Mr. Kantawala learned counsel for the Petitioner seeks extension of the liberty granted by our order, for further period of two weeks. Learned counsel for the Enforcement Directorate seeks time to verify the contents of the medical certificate. 4.

We have perused the medical certificate issued by Dr. Paghdiwalla. In the light of the same, we are inclined to show indulgence to the petitioner and accordingly extend the period of liberty granted by us till 02.07.2019. We direct that the petitioner will be admitted to the Taloja Central Prison on 03.07.2019 before 3.00 P.M..

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It is expressly made clear that this order is passed in the peculiar facts and circumstances of the case and no further extension would be granted.

In view of the above Writ Petition stands disposed of.

(SMT. BHARATI H. DANGRE, J.) (RANJIT MORE, J)