Bombay High Court
Mohammad Raees Shahjade Ansari @ Kalya ... vs The State Of Maharashtra on 29 March, 2022
Author: Prakash D. Naik
Bench: Prakash D. Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE SIDE JURISDICTION
INTERIM APPLICATION NO. 3375 OF 2021
Digitally
signed by
SHALIKRAM
IN
CRIMINAL APPEAL NO. 432 OF 2016
SHALIKRAM PRALHADRAO
PRALHADRAO BOREY
BOREY Date:
2022.03.30
14:12:59
+0530
Mohammad Raees Shahjade Ansari
@ Kalya Pappu. ... Applicant/ Appellant.
Vs.
The State of Maharashtra ... Respondent.
---
Mr.Ganesh K.Gole,Advocate a/w. Viraj Shelatkar for the Applicant
/ Appellant.
Mr. S. V. Gavand, APP for the State.
---
CORAM : PRAKASH D. NAIK, J.
DATED : MARCH 29, 2022.
P.C. :
1. This is an Application for suspension of sentence and
grant of temporary bail on medical ground.
2. The Applicant has been convicted for the offence
punishable under sections 307 r/w. 34 of the Indian Penal Code
and sentenced to suffer rigorous imprisonment of 10 years.
He is also convicted for the offence under section 387 r/w. 34
of the IPC and sentenced to suffer imprisonment of 5 years.
He is also convicted for the offence under section 506 (ii) r/w.
34 of the Indian Penal Code and sentenced to suffer
intermittent imprisonment of 5 years. For the conviction
under section 326, the Applicant has been sentenced to suffer
imprisonment for 5 years with conviction under section 3(1)(ii)
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of MCOC Act. The Applicant has been sentenced to suffer
imprisonment of 10 years and fine of Rs. 5 lakhs. He is also
convicted under section 3(4) of the MCOC Act and sentenced to
suffer imprisonment of 10 years with fine of Rs. 5 lakhs. All
the sentences are directed to run concurrently.
3. The Applicant had preferred applications for suspension of
sentence and bail which have been rejected by order dated 28 th
November, 2016. Thereafter, the Applicant had preferred
another Application for suspension of sentence and bail on
medical ground. The said application was also rejected by
order dated 17th April, 2017, by directing the Superintendent of
Nasik Road Central Prison, Nashik to give medical treatment to
the Applicant, by referring him to appropriate hospital as and
when required. The medical officer attached with the Jail was
directed to conduct medical checkup of the Applicant and also
directed to refer the Applicant to higher centre / hospital, if it is
found necessary.
4. The Applicant had preferred an application, through jail, for
bail on the ground that his father had suffered paralysis
attack. The application was rejected on 6th April, 2018.
5. Learned Advocate for the Applicant submitted that the
provisions of MCOC Act are not applicable. The Applicant is not
involved in any case with the accused no. 2. Applicant is in
custody for a period of about 7 years and 11 months. The
health condition of the Applicant has deteriorated. He has been
suffering from high blood pressure, bleeding from nose,
bleeding hemorrhoids with acute abdomen pains since long
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and despite treatment being provided to the Applicant in the
Civil Hospital as well as in the jail hospital, there is no
improvement in the health of the Applicant. He relied upon the
medical report, about health condition, which is procured by
him through RTI Act. It is thus submitted that the Applicant may
be granted temporary bail with a view to take treatment for a
period of six months.
6. Learned APP submitted that the Applicant has been
convicted under the provisions of the MCOC Act. The health
condition of the Applicant or the ailment with which the
applicant is suffering is not life threatening. The offience
committed by the Applicant is of serious nature. Several cases
were registered against the Applicant and the preventive
action was also initiated against him.
7. By order dated 24th February, 2022, the Jail Superintendent
of Aurangabad Central Jail was requested to forward the report
regarding health condition of the Applicant to this court. The
learned counsel for the Applicant tendered the documents
relating to health condition of the Applicant, obtained thorough
RTI. The Applicant has annexed the medical report dated
12.12.2016 to this application. The said report issued by Chief
Medical Officer, Nasik Raod Central Prison mentions that the
Applicant has been complaining of bleeding from annul canal,
giddiness, abdominal pain with constipation and sneezing
with cough. On 17.03.2016, the visiting Specialist from the
Civil Hospital Nashik examined and noted down his notes on
case paper and advised the convict for stool sample
examination. On 08.12.2016, the visiting Physician examined
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the convict and advised need of surgical opinion for annul
bleeding. The visiting General Surgeon of Civil Hospital
Nashik examined the convict on the same day and diagnosed
as "colitis" and given appropriate medicines. The convict is
taking treatment in the Jail Hospital Nasik which was advised
by Specialist from Civil Hospital Nasik.
8. The certificate dated 08.07.2018 issued by the Chief
Medical Officer, Mumbai Central Prison, Mumbai mentions that
the Applicant is suffering from Grade-I Hemorrhoids with pain
in abdomen. He has been provided medication in prison
hospital and he requires treatment at higher centre / hospital.
The medical case papers about examination of the convict by
the Medical Officer are also annexed to the application. The
report dated 05.03.2021 issued by the Medical Hospital,
Aurangabad addressed to the Medical Officer, Government
Medical College and Hospital, Aurangabad mentions that the
Applicant was examined on 25.02.2021 and it was revealed
that he is suffering from Grade-II hemorrhoids. He was given
treatment. Thereafter, the convict was examined on
05.03.2021 and it was revealed that he is suffering from Grade
-II Hemorrhoids without any active bleed. Medical treatment
was given to him. There was bleeding from nose and he was
advised to take treatment from ENT department of the hospital.
9. Learned counsel for the Applicant has also sought
medical case papers through RTI. The medical case papers
about the treatment given to the Applicant in the government
hospital were provided to the Applicant which refers to the
ailment of the Applicant and the treatment given to him.
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10. Pursuant to the order of this court, the medical report
has been submitted on 23.03.2022 through Aurangabad
Central Prison to this Court. The report was forwarded by
Chief Medical Officer, Aurangabad Central Prison. The said
report reads as follows :
"PRISONER'S MEDICAL REPORT
1) REASONS / PURPOSE OF MEDICAL REPORT :
As per order of Hon. High Court, Mumbai.
2) UNDER TRIAL /CONVICT NO.
Convict No. 8218.
3) NAME OF PRISONER :
Mohd.Rais Shehjade Ansari
4) AGE 50, SEX :- M.
5) DATE & TIME OF EXAMINATION : 23/03/2022 at 10.50 am.
6) PRESENT COMPLAINTS (IF ANY) :
c/o Chest pain, Back Pain, Epistaxis, Headache, cough, Backache, Swelling
over forehead, Bleeding defecation.
7) PAST ILLNESS/ACCIDENT/OPERATION (IF ANY).
k/c/o Hypertension with IHD & COPD on treatment
H/O KOChs (k/c/o PTB) taken treatment for one year.
8) CLINICAL FINDINGS:
A) GENERAL EXAMINATION
Observation Details
Blood Pressure 132/89
Temp 97.5 F
Pulse Rate 88/min
RR 20/min
Spo2 98%
B) SYSTEMATIC EXAMINATION
System Details
CVS S1 S2 Normal NAD
Abdomen Soft Non tender
CNS Concious, Oriented
RS Aeebe
9) INVESTIGATION DONE (IF ANY):
Necessary investigations Blood, ECG, Sputum for AFB, ECG,
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Biopsy, CXR etc were done in Govt. Medical college & Hospital,
Aurangabad.
10) CLINICAL DIAGNOSIS :-
a. Grade 2 Haemorrhoids managed by Sclerotherapy.
b. Grade 4 to haemoreroids managed by Anal Stretching f/b External
Haemorroidectomy as per discharge Card Summory.
11)MEDICAL FACILITIES AVAILABLE IN PRISON HOSPITAL:
(whichever is available the same will be tick marked.).
Sr. Item name Mar Sr. Item Name Mark
No. k No. ing
ing
1 Multipara monitor 2 ECG machine
3 Glucometer 4 Liver function Test
5 Sputum Exam 6 Urine Test
7 Dengue Rapid Test 8 Malaria Rapid test
9 X-Ray Facility 10 Dental Services
11 Renal Function test 12 Nebulisation
13 Proctoscopy 14 ICTC lab for HIV
15 General Ward 16 Isolation Ward
17 Psychiatric Ward 18 In house Ambulance
Service
19 Prison Psychiatrist 20 Emergency kit with
Oxygen
21 Any other
Note :- Pathology Laboratory available but LaboratoryTechnician is not
available.
12) TREATMENT GIVEN :-
As per advised by experts of Govt. Medical college &
Hospital, Aurangbad.
Tab Sylate 1 BD, Tab. Telma 40 mg, Tab. Stator 40 mg 1 OD, Xylocheck
N/D, Nasoclear N/D, Liquid Paraffin N/D. He is giving extra medical diet
in addition to regular diet.
As per available case papers he was admitted to Govt. Medical college &
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Hospital, Aurangabad for two times 03/12/2021 to 09/12/2021 &
13/12/2021 to 21/12/2021 & operated for Sclerotherapy on 07/12/2021,
Anal Stretching 14/12/2021 & External Haemorroidectony on 18/12/2021
respectively & given treatment as per advised by experts of Govt. Medical
college & Hospital, Aurangabad. He has been given treatment as follows.
Tab. Auguementin 625 mg, Tab. Pan 40 mg, Tab. PCM & Seitz Bath.
And Tab. PCM, Tab. Cipro, Tab. Metro] Tab. Pan 40 mg & Seitz Bath
13) MEDICAL ADVICE (IF ANY)
To continue Medications as per advised by experts & BP monitoring
regularly
14) REFERAL TO HIGHER CENTRE (IF ANY)
No Refferal to Higher Centre.
15) Present Health Status:
At present he is taking treatment from Prison Hospital & experts of Govt.
Medical college & Hospital, Aurangabad
16) OPINION OF MEDICAL OFFICER QUA SR.NO.1:
He has to take Medications regularly."
11. The said medical report also contains the treatment given
to the Applicant and the test conducted during the treatment.
12. The summary of the medical report indicates that the
Applicant is required to take medication regularly. It is
pertinent to note that the Applicant has been suffering from
the ailment referred to above since 2016. Latest medical
report also also indicates that he is being treated for the said
ailment. He is in custody for a period of about 7 years and 11
months.
13. Considering the above circumstances, the Applicant can
be granted bail on medical ground for a period of six months.
Hence, the following order :
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ORDER
(i) Interim Application No. 3375 of 2021 is allowed.
(ii) The sentence of imprisonment imposed vide Judgment and Order dated 20th February, 2016 is suspended for a period of 6 months and the Applicant is directed to be released on bail on medical ground for a period of six months from the date of his release on executing P.R. Bond in the sum of Rs. 25,000/- with one or more sureties in the like amount.
(iii) The Applicant is permitted to furnish cash bail in sum of Rs. 25,000/- for a period of eight weeks from the date of his release.
(iv) The Applicant shall surrender to the custody on completion of the period of six months from the date of the release.
(v) The Applicant shall report to Shivaji Nagar Police Station, Mumbai once in 15 days, on 15 th and 30th of every month between 11 a.m. to 1 p.m..
(iv) The applicant shall provide the details of the treatment given to him to Investigating Officer, periodically.
14. Interim Application No. 3375 of 2021 is disposed of.
(PRAKASH D. NAIK, J.) borey/