Bombay High Court
Sahel Bin Amer Haus vs The State Of Maharashtra on 11 August, 2020
Author: V. K. Jadhav
Bench: V. K. Jadhav
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
919 CRIMINAL APPLICATION NO.1248 OF 2020
IN
BAIL APPLICATION NO. 569 OF 2020
WITH
BAIL APPLICATION NO. 569 OF 2020
SAHEL BIN AMER HAUS
VERSUS
THE STATE OF MAHARASHTRA
......
Advocate for Applicant : Mr. R.S. Deshmukh, senior counsel i/b Mr. Sayyed
Tauseef Yaseen
Public Prosecutor for Respondent-State : Mr. D.R. Kale
.....
CORAM : V. K. JADHAV, J.
DATED : 11 th AUGUST, 2020
PER COURT:-
1. Heard both sides.
2. Pending the bail application No. 569 of 2020, this criminal
application has been filed seeking temporary bail on health grounds.
3. Learned senior counsel for the applicant submits that the
applicant is suffering from systemic hypertension with Ischemic heart
disease, Ischemic heart disease, which is also called coronary heart
disease (CHD) or coronary artery disease is the term given to heart
problems caused by narrowed heart (coronary) arteries that supply
blood to the heart muscle. Learned senior counsel submits that in
the year 2011, coronary artery bypass Graft surgery (CABG) was
also performed on the applicant. The applicant at present is
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complained about chest pain, heart palpitation and breathlessness
on exertion and therefore, he was admitted in the Civil Hospital, Beed
on 10.7.2020. Thereafter, the applicant was referred to higher center
at SRTM Government Hospital, Ambajogai. Learned senior counsel,
on instructions, submits that at present applicant has been shifted to
Asian Hospital, Aurangabad, which is super speciality hospital, for
further treatment. Learned senior counsel, on instructions, further
submits that at present the applicant is on ventilator. Learned
counsel submits that the applicant's health condition is critical and he
may be released on temporary bail.
4. Learned Public Prosecutor Mr. Kale, has not disputed this
position and as per his instructions from the investigation officer, the
applicant at present has been referred to the higher center and is
admitted in Asian Hospital, Aurangabad, which is super speciality
hospital for his further treatment.
5. In view of above and considering the seriousness of health
condition of the applicant, I am inclined to release the applicant on
temporary bail in connection with the present crime with certain
conditions. Hence the following order:-
ORDER
I. Application is hereby allowed. ::: Uploaded on - 12/08/2020 ::: Downloaded on - 13/08/2020 22:58:46 ::: cran1248.20 -3- II. Pending the bail application No. 569 of 2020, the applicant
Sahel Bin Amer Chaus, in connection with crime No. 329 of 2019 registered with Majalgaon City police station, District Beed for the offences punishable under Sections 420, 409, 467, 468, 471 r.w. 120-B and 34 of I.P.C. be released on temporary bail for a period of 45 days on furnishing personal bond of Rs.20,000/- with one solvent surety of the like amount on following conditions:-
a) After the said period of 45 days is over, the applicant shall surrender himself before the jail authorities or in case, if the health condition of the applicant is not improved till then, the applicant is at liberty to file an application for extension of temporary bail period.
b) If the applicant is not in a position to furnish the personal bond, the condition of furnishing the personal bond stands relaxed at present and the applicant to furnish personal bond after his health condition is improved. Till then the applicant be released on furnishing surety bond only.
III. Application is disposed of.
6. Registry to issue authenticated copy of this order to the requesting party.
7. List the bail application No. 569 of 2020 on 25.09.2020.
( V. K. JADHAV, J.) rlj/ ::: Uploaded on - 12/08/2020 ::: Downloaded on - 13/08/2020 22:58:46 :::