← Library
Bombay High CourtBA/2828/2023disposed off

Supriya Mangesh Patil v. The State Of Maharashtra

2023-10-18Hon'Ble Shri Justice M. S. Karnik4 pages

2023:BHC-AS:31193

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2828/2023 SUPRIYA MANGESH PATIL ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Sabiha Ansari a/w. Adv. Tanvi Rane i/b. Adv. Aisha Shaikh for the applicant.

Ms. Veera Shinde, APP for the State.

Adv. Saurabh Butala for the intervener.

------------ CORAM : M. S. KARNIK, J.

DATE : OCTOBER 18, 2023.

P.C. :

1.

This is an application for temporary bail on medical grounds.

2.

The applicant was arrested by the respondent in connection with C.R.No.0119 of 2023 registered with Uran Police Station, District - Raigad, Maharashtra for the offences punishable under Section 420, 406, 467 read with 34 of the Indian Penal Code (hereafter 'IPC' for short) read with Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 (hereafter 'MPID' for short) read with Sections 3, 4 and 5 of the Prize 1/4

Chits and Money Circulation Schemes.

3.

The applicant was arrested on 27/7/2023. The applicant is seeking temporary bail for 12 weeks on medical grounds. In the application, it is stated by the applicant that when she was travelling on 28/3/2023 in her car, one person who had put a mask on his face fired one bullet from his revolver which hit on the car and the bullet after penetrating the car hit the petitioner on the calf of her left leg. The applicant had to be operated and the bullet was removed, but some particles of the bullet remained in her body which causes immense pain and infection. The applicant requires urgent medical aid. The applicant needs to be operated.

4.

The applicant submitted that she desires to be operated in Global Hospital, 35, Dr. Earnest Borges Road, Opp. Shirodkar High School, Parel (East), Mumbai, Maharashtra - 400 012.

5.

Learned APP submitted that the surgery can very well be performed in the Sir J.J. Hospital. It is further submitted by learned APP that the accusations against the applicant are serious as she has swindled investors/complainants/ 2/4

victims to the tune of almost Rs.200 crores. The applicant is the main accused.

6.

On humanitarian grounds, in the present facts and circumstances of the present case, the applicant can be allowed to undergo surgery at Global Hospital. 7.

Learned counsel for the applicant submitted that the applicant is ready to abide by any of the conditions imposed by this Court.

8.

Accordingly, as and when the applicant is requested to be taken for medical check-up and for further medical procedures in Global Hospital, she will be taken to the Global Hospital under police escort. The escort charges will be borne by the applicant.

9.

The investigating ofÏcer is permitted to visit the Global Hospital during the period of hospitalization. 10.

Considering the nature of the accusations, the applicant is allowed to be accompanied by one close relative while at the hospital except for the husband and sister (Asmita) of the applicant in view of the serious apprehension raised by the prosecution considering the 3/4

nature of accusations and possibility of tampering. The applicant and the relative will not be allowed to take mobile or use it in the hospital.

11.

After the surgery is performed and the discharge certificate is obtained, the applicant shall be taken back to the Prison.

12.

The application is disposed of.

(M. S. KARNIK, J.) 4/4