1989 (11) TMI 165

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....ondents. [Oral Order]. - Mrs. Shehnaz Andish, an Iranian national suffering from chronic bronchitis and having a seven-year old child Arash-Ald suffering from congenital heart disease, applies for an order that she may be released on bail in an offence under the Customs Act involving gold of the value of nearly Rs. 17 lakhs. 2. The O.P.D. papers of Cama Hospital reveal that the Applicant ....

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....not oblivious to the cases of the accused who are foreign nationals, who have absconded, presumably on fabricated passports. As the Sessions Judge of Greater Bombay as also in this Court, such a question has arisen before me on a number of occasions. In some cases, I rejected the applications for bail, in others I have granted them. But the conditions, such as the health of the accused, the health....

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....nchitis. Therefore, the evidence about the Applicant's sickness is genuine and has to be accepted. But I do not consider that Bronchitis is such a disease that the Applicant should be released on bail. The real reason is her child's illness. 5. So far as the seven-year old child is concerned, the prosecution has not been able to dispute that the child does suffer from congenital heart disease. ....