Jakir Ahmed Shakir Ahmed Khan v. The State Of Maharashtra

k 1/2 cri APPA 1148.17 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1148 OF 2017 IN CRIMINAL APPEAL NO.459 OF 2012 Jakir Ahmed Shakir Ahmed Khan ... Applicant Vs.

The State of Maharashtra ... Respondent Mr. Ateek Shirodkar i/b Mr.Ganesh Gole for the Applicant. Mr. Dinesh Kadam i/b Mr.A. Majeed Memon for the Complainant. Ms. P.P. Shinde, APP for the Respondent/State.

CORAM:

A.A. SAYED & SARANG V. KOTWAL, JJ.

DATE:

29 AUGUST, 2017 P.C.

This is an Application by the Applicant/Appellant for temporary bail for three months to undergo medical treatment and also on the ground that the Applicant is required to be with his wife on account of her health condition.

The Applicant is a life convict. Pursuant to the order dated 21 August 2017 of this Court, the Applicant was examined by Cardiologist on 23 August 2017.

k 2/2 cri APPA 1148.17 as.doc Learned APP has produced Medical Report dated 23 August 2017. The Medical Report states that the Applicant was evaluated at CPR General Hospital, Cardiologist Department. His 2D-ECHO was done. He was examined by Cardiologist, who has noted as follows: "No active cardiology management is required at present. To continue psychiatric medicine. Psychiatric opinion to rule out anxiety neurosis."

Thus, the Medical Report suggests that necessary tests were carried out and the Applicant is being treated by a Psychiatrist as suggested by the Cardiologist. Copy of Medical Report with case papers are taken on record and marked 'X' for identification. Having regard to the facts and circumstances of the case, we are not inclined to grant temporary bail to the Applicant. The Application is accordingly rejected.

(SARANG V. KOTWAL, J.) (A.A. SAYED, J.)