2013 (4) TMI 845

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....pursuant to an opinion which has been given by the Chief Medical Officer, Mumbai Central Prison dated 09.04.2013. 2 Pursuant to my order dated 22.04.2013, the brotherinlaw of the Applicant, namely, Vijay Kumar Mundra who is aged 69 years and residing permanently at Mumbai, has filed an affidavit. He has set out that his sister Chandrikadevi has married the Applicant. He has set out that the application is filed seeking bail only on medical grounds. The Applicant is 77 years old and suffering from several ailments. The Applicant's family is desirous of admitting him in a private hospital and they have selected Cumballa Hill Hospital at Mumbai. The affidavit sets out the list of doctors who would be consulted and under whose care and a....

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....fidavits. However, he states that the opinion of the Chief Medical Officer dated 09.04.2013 was not available to the learned Judge of the Trial Court and therefore, the order dated 19.03.2013 referring to all medical opinions and the nature of treatment, can be relied upon by him. According to Mr.Venegavkar, the opinion now placed on record does not point out any changed circumstance or emergency of such nature as would require hospitalization and prolonged medical care and attention. For these reasons, the application be dismissed. 5 After perusing the earlier orders passed by me, present application and its contents and two affidavits, I am of the opinion that there is no reason to discard the certificates/ medical reports. The medical....

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....sidering the ailments of the Applicant, there is no apprehension that the Applicant will misuse liberty or jump bail granted on medical grounds. If the Applicant is to be admitted straightaway to a private hospital and a panel of doctors has also been identified along with the Medical Care Centre which is at Mumbai, then, all the more the request as made deserves to be granted. 7 Hence the following order:( a) The Applicant (Kashinath Mangtoolal Tapuriah), arrested in connection with PMLA Case No.1/2011, shall be enlarged on bail for a period of THREE MONTHS on medical grounds, in the sum of Rs. 50,000/( Rupees Fifty Thousand). Cash Bail is granted. (b) This order is passed only to enable the Applicant to avail of medical treatment....