Mahesh Bindyachal Gupta v. The State Of Maharashtra And ANR.

923. BA 1963-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1963 OF 2024 Mahesh Bindyachal Gupta .Applicant vs.

The State of Maharashtra & anr.

.Respondents Mr. P. Kumavat a/w. Mr. P. R. Dave, Advocate, for the Applicant Ms. M. S. Bajoria, APP, for Respondent No. 1 - State Mr. Ritesh Thobade, Appointed Legal Aid Advocate, for Respondent No. Mr. S. B. Wadkar, PSI, Sakinaka Police Station, Mumbai present CORAM : MILIND N. JADHAV, J.

DATE : 07.01.2025 P. C.

1.

Advocate for the Applicant has moved this Application urgently on medical grounds yesterday however he is not present due to his personal difficulty. This is informed by the holding advocate. I am accommodating the advocate for applicant due to his personal difficulty. It is, however, clarified that the matter will not be listed as per the convenience and availability of the advocate concerned which shall be noted by the advocate.

2.

This is because the holding advocate has relayed a message to me that the advocate for the applicant wants the matter to be listed tomorrow.

Anand

923. BA 1963-2024.doc 3.

I have considered the medical urgency mentioned in the praecipe for grant of bail. According to the praecipe, the Applicant is suffering from Tuberculosis. This is a contagious disease. He is lodged in Arthur Road Jail at present. Hence, the Doctor in the jail hospital of Arthur Road Jail is directed to ascertain the medical ailment of the Applicant as stated in the praecipe.

4.

Though a requisition is made that he should be produced before the JJ hospital for examination at this stage, I would like to direct the concerned jail hospital where Applicant is lodged to ascertain and confirm whether Applicant is indeed suffering from Tuberculosis, his degree of the ailment and whether his such medical state requires what kind of medical treatment.

5.

Let this information be furnished to Court by a report of the Investigating officer within a period of 3 weeks from today. Depending upon what is stated in the report, further order will be passed regarding the treatment of Applicant and thereafter Application to recommend his examination at the state run JJ Hospital shall be considered.

6.

Stand over to 28.01.2025.

(MILIND N. JADHAV, J.) Anand