Bombay High Court
Sayyed Sameer Ibrahim Ali vs The State Of Maharashtra on 18 January, 2023
Author: M. S. Karnik
Bench: M. S. Karnik
Darshan Patil 28. BA 1646-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1646 OF 2021
SAYYED SAMEER IBRAHIM ALI ..APPLICANT
VS.
THE STATE OF MAHARASHTRA ..RESPONDENT
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Adv. Amin Solkar a/w Adv. Misbaah Solkar for the Applicant.
Ms. A. A. Takalkar, APP for State.
PSI S.V. Mungekar, Pydhuni Police Station.
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CORAM : M. S. KARNIK, J.
DATE : JANUARY 18, 2023.
P.C. :
1. Heard learned counsel for the applicant and learned
APP for the State.
2. This is an application for bail filed by the applicant -
Sayyed Sameer Ibrahim Ali, in connection with C.R. No. 284
of 2020 dated 31/08/2020, registered with Pydhonie Police
Station, for the offence punishable under sections 304(II),
308, 337, 338, 279 and 427 of the Indian Penal Code, 1860
and under sections 183 and 184 of the Motor Vehicles Act,
1988.
3. The incident took place on 31/08/2020. It is alleged
that the applicant while driving a car committed the
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offence. As a result of the act of the applicant 5 persons
died and 4 were injured. The applicant was arrested on
01/09/2020. Learned counsel for the applicant submitted
the prisoner's medical report of Sir J.J. Group of Hospitals. I
have gone through the report. The findings of the MRI Brain
scan read thus :
"Findings:
There is encephalomalacia with surrounding gliosis
noted in the right hemicerebellum along its inferior
aspect.
There are changes of cystic encephalomalacia with
surrouding gliosis noted in the right occipital lobe.
There is mild dilation of the occipital horn of the right
occipital lobe. There is mild T1 WI hyperintensity
noted along the cortical sulci of the right occipital lobe
suggestive of cortical laminar necrosis.
There is a chronic lacunar infarct noted in the
paraventricular white matter of the left side extending
into the anterior limb of the internal capsule.
A focal area of gliosis is noted along the left inferior
frontal sulcus.
Persistent cavum septum pellucidum noted.
Rest of the brain parenchyma appears normal in signal
intensity and enhancement.
Ventricular system, cortical sulci & basal cisterns
appear normal.
No shift of midline structures seen.
Posterior fossa and brain stem shows normal
appearance.
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Dural venous sinuses appear normal.
No abnormal meningeal enhancement is seen on post
contrast study.
Impression: MRI Brain reveals -
Chronic infarcts in the right cerebellum and
right occipital lobe."
4. The prisoner's medical report which has been
submitted by the Taloja Central Prison has listed medical aid
which is given to the applicant. The present status of the
applicant is mentioned in paragraph no. 15 of the prisoner's
medical report dated 20/12/2022 which reads thus:
"Prisoner is suffering from frequent episodes of
Giddiness and convulsions with vertigo are ongoing.
Prisoner's MRI Brain (Plain + Contrast) was done by Sir
J J Hospital, Mumbai on dated 17.06.2022 it reveals
Chronic infarcts in the right cerebellum and right
occipital lobe.(Copy of report attached herewith).
Patient is currently in a severe debilitated state and his
precarious condition is deteriorating day by day,
despite medical treatment. Management of such
severe health ailments is better treated at a Super-
Specialty Hospital and it seems to take care with his
close relative constantly to avoid any future untold
event."
5. The applicant is now in custody for over 2 years and 4
months with no sign of trial progressing. Learned counsel for
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the applicant states that the applicant will now surrender his
licence which will be a condition for the grant of bail and
undertakes not to drive any vehicle hereafter till the trial is
concluded. Statement accepted. Learned APP submitted
that even the RTO authority is under the process of
suspending the licence of the applicant. The RTO authorities
may proceed in accordance with the law. Learned APP
submitted there is a criminal antecedent against the
applicant of a similar nature. Since the applicant is now
handing over / surrendering the licence to the RTO and
undertakes not to drive any vehicle in future till the trial
gets over, the criminal antecedents reported can be taken
care of. Considering the medical condition of the applicant
and as the prisoner's medical report reveals, the applicant
needs to be treated at a Super-Specialty Hospital and that
he needs to be taken care by his close relatives constantly
to avoid any future untold event. The applicant, therefore,
can be released on bail. Hence, the following order.
ORDER
(a) Applicant- Sayyed Sameer Ibrahim Ali, in connection with C.R. No. 284 of 2020, registered with Pydhonie Police Station, shall be released on bail, on 4/5 ::: Uploaded on - 19/01/2023 ::: Downloaded on - 19/01/2023 19:40:11 ::: Darshan Patil 28. BA 1646-21.doc his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.
(c) The applicant to report to the concerned police station, on 1st and 3rd Saturday of every month between 11.00 a.m. and 1.00 p.m.
(d) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.
(e) The applicant, shall abide by the statements made to this Court.
6. The application is disposed of.
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