Anisuddin Samiuddin Siddiqui v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1467 OF 2022 ANISUDDIN SAMIUDDIN SIDDIQUI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. S. S. Jadhav h/f Mr. Tungar Nikhilesh K. APP for Respondent: Mr. K. S. Patil ....

CORAM : S. G. MEHARE, J.

DATE : 17.07.2023 PER COURT :

1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondent State.

2.

The applicant is seeking bail in Crime No. 314 of 2020, registered with Satara Khandoba Police station, Aurangabad for the offences punishable under Sections 302, 304-B, 498-A, 315, 323, 504, 506 read with Section 34 of the Indian Penal Code. 3.

Since the applicant was suffering from various diseases temporary bail was granted to him for medical treatment. The period of temporary bail was over. However, before he could surrender, he was again admitted to the hospital. So again request was made to extend the temporary bail period. Therefore, police were asked to

verify how long the applicant would require the treatment. The police have produced the certificate from the treating doctor who has certified that the applicant would further require 15-20 days hospitalization and Aggressive Medical Management. 4.

The learned counsel for the applicant also collected exact position of the patient/applicant from treating doctor and stated that applicant would require 15 to 20 days for hospital and Aggressive Medical Management. Doctor further opined that there may be recurring attack of kidney failure and it requires certain time to recover. Therefore, it is difficult to define the period required for his treatment.

5.

Considering the health of the applicant, and need to have a medical treatment, instead of keeping the application pending the following order is passed.

ORDER

(i) The temporary bail granted by this Court to the applicant Anisuddin Samiuddin Siddiqui on 21st December, 2022 in C.R. No. 314 of 2020, registered with Satara Khandoba Police Station, Aurangabad for the offence punishable under Sections

302, 498-A, 315, 323, 504 506 read with Section 34 ( Sessions case NO. 147 of 2021 pending before the Sessions Court, Aurangabad) is extended for further six months from today and present application is disposed of with a liberty to the applicant to file a fresh application for extension of temporary bail before the trial Court.

(ii) The trial court, on satisfaction, may extend the time as per requirement of the medical treatment of the applicant. (iii) If the learned Additional Sessions Judge will not be satisfied with the reasons for extending the period of temporary bail, the applicant shall immediately surrendered first before the trial Court and after his surrender, he may to file a fresh bail application before this Court as this application is not decided on merit.

(iv) In the above terms the application stands disposed of. ( S. G. MEHARE ) JUDGE ysk