Mohammed Arif Bhujwala v. Union Of India And ANR

Prasad Rajput IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 989 OF 2025 Mohammed Arif Bhujwala .. Applicant

Versus

Union Of India and Anr.

.. Respondents ....................

 Mr. Taraq Sayed a/w Ms. Ashwini Achari, Advocate for Applicant.  Ms. Mahalakshmi Ganapathy, APP for State.

...................

CORAM : MILIND N. JADHAV, J.

DATE : MARCH 24, 2025 P. C.

:

1.

Heard Mr. Sayed, learned Advocate for Applicant and Ms. Ganapathy, learned APP for State.

2.

This Court has directed learned APP to ascertain the medical condition of the Applicant through the Chief Medical Officer of the Prison Hospital of the Central Prison, Thane in view of the health condition which was informed to the Court by learned Advocate for the Applicant.

3.

Ms. Ganapathy, learned APP would submit that report of the Chief Medical Officer has been received and a copy of the same will be placed before the Court tomorrow. However, while reading of the report for the benefit of Court she would submit that it is stated in the report that Applicant was referred to J.J. Hospital for cardiac checkup and he has been advised to get himself admitted in the ICU

ward for further treatment. In that view of the matter order dated 7th March, 2025 is worked out.

4.

In view of the medical condition and long incarceration of the Applicant I am inclined to take up this matter for hearing on the next date.

5.

I am also informed that today itself co-accused in the present crime has been released on bail by this Court. When the present matter is heard on the next adjourned date a copy of the order by which co-accused in the present crime has been released on bail shall be placed before the Court.

6.

Contesting Respondent No.1 in the present case is the Union of India. When the matter is called out, none has appeared on behalf of the Union of India. I am informed that they have been served with a copy of the Application. Respondent No.1 - Union of India is directed by this Court to depute a responsible Advocate / Counsel to appear in the present Application. If required, Respondent No.1 - Union of India shall file its Affidavit-in-Reply positively within a period of two weeks from today.

7.

It is clarified that on the next adjourned date, if Respondent No.1 - Union of India's Advocate does not remain present or their Affidavit is not filed, this Court shall not give any

adjournment and shall proceed with the hearing of the Application and passing appropriate orders in accordance with law. 8.

Copy of this order is directed be served on the Union of India by Applicant's Advocate.

9.

Stand over to 2nd April, 2025 (F.O.B.).

P.R. Rajput [ MILIND N. JADHAV, J. ]