Bombay High CourtAPPP/612/2016allowed

Baba @ Salim Khan Daut Khan And 3 Others v. State Of Maharashtra, Through Police Station Officer, Police Station Paratwada, Amravati

2016-05-06Hon'Ble Shri Justice Z.A. Haq2 pages

1 appp612.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPP) NO.612/2016 IN CRIMINAL APPLICATION (BA) NO.341/2016 Baba @ Salim Khan Daud Khan and others ..Versus..

State of Maharashtra, through P.S.O. P.S. Paratwada, Distt. Amravati - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Parvez Mirza, Adv. for the applicants.

Shri S.M. Bhagde, A.P.P. for the non-applicant. CORAM : Z.A. HAQ, J.

DATE : 6.5.2016 Criminal Application (BA) No.341/2016 was listed on 3rd May, 2016, notice is issued to the non-applicant and liberty is granted to the applicants to move during vacations, if reply is filed by the non-applicant.

Applicant - Asif Khan Dildar Khan has filed this application praying that he be released on interim/temporary bail as he is not keeping well and he will have to take treatment from specialized doctor. In support of the contention the applicant no.3 has filed documents/certificates.

After hearing the learned advocate for the applicant no.3 and the learned A.P.P., in my view, the grievance of the applicant

2 appp612.16 no.3 can be redressed by the following directions: (i) The non-applicant shall take immediate steps to enable the applicant no.3 to have treatment from specialized doctor of his choice. The applicant shall bear the entire expenditure of the treatment.

The applicant shall be taken to the doctor/hospital in custody. The applicant shall bear the expenses for this purpose also.

(ii) The learned advocate for the applicant has stated that the non-applicant be directed to consider the advise of specialized doctor as may be given and if hospitalization is advised, it should be permitted. The applicant is granted liberty to move appropriate application after his check-up by the doctor. (iii) The application is allowed in the above terms. JUDGE Tambaskar.