Jaya Talakshi Chheda v. The State Of Maharashtra

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1592 OF 2017 IN CRIMINAL APPEAL NO.1012 OF 2013 Jaya Talakshi Chheda ...

Applicant Vs.

The State of Maharashtra, Through D.C.B., C.I.D., Unit-1, Mumbai.

...

Respondent Mr. Nitin Dalvi, a/w. Mr. V.V. Purwant, i/by Mr. R.D. Pawade, for the Applicant.

Mr. Deepak Thakare, P.P., for the Respondent-State. CORAM : RANJIT MORE & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 29 TH NOVEMBER 2017.

P.C. :

1.

Heard learned counsel for the Applicant and learned P.P. for the Respondent-State.

2.

This application is preferred for interim bail on medical ground. Mr. Dalvi, learned counsel for the Applicant, has invited our attention to the order passed by the Supreme Court as well as

Medical Certificate dated 25th November 2017 issued by the treating Doctor in the Bombay Hospital and Medical Research Centre, Mumbai.

3.

By order dated 24th October 2017, the Supreme Court has granted liberty to the Applicant to approach this Court for grant of interim bail on medical ground. The Medical Certificate shows that the Applicant is suffering from Coronary Artery disease. 4.

Mr. Dalvi, learned counsel for the Applicant, and Mr. Thakare, learned P.P., does not dispute that, at present, the Applicant is admitted in the Bombay Hospital, which is a private and renowned Hospital and also it is of Applicant's choice. Mr. Dalvi further states that, by-pass surgery of the Applicant is scheduled to be held on 7th December 2017. Mr. Dalvi submits that the Applicant may be granted interim bail for her postoperative care. 5.

Mr. Thakare, learned P.P., however, opposed this prayer and submitted that, the Applicant is advised to undergo only

Angioplasty. Upon perusal of the Medical Certificate, we also found that no case of by-pass surgery is made out. 6.

From the facts narrated here-in-above, it is clear that the Applicant is, at present, taking treatment in the Bombay Hospital, which is of her choice. Mr. Thakare, learned P.P., also assures this Court that, post-operative care of the Applicant would be taken. 7.

In that view of the matter, at this stage, we are not inclined to grant interim bail to the Applicant. Application, accordingly, stands dismissed.

[DR. SHALINI PHANSALKAR-JOSHI, J.] [RANJIT MORE, J.]