TaxTMI 
TaxTMI 
2022 (1) TMI 12
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....well as the whole spine was undertaken. There was a substantial compression and injuries on L4-L5 of the spine and the same was revealed in MRI report. She was discharged on the same date i.e. on 18.11.2021 with advise of bed rest. However, her back injury and pain was aggravated. Therefore on 21.11.2021 she was re-admitted in Axis Multi-speciality Hospital. Ever since she has been in the said hospital and suffering from Cerebral Concussion with Acute Prolapse Intervertebral Disc L4-L5 with cervical herniation. It is further contended that, she has difficulty in walking as sendation in left ankle. Applicant has two children who are completely dependent on his wife. His son and daughter are attending their education online. In 2020 applicant's elder son had suffered reciprocity problem and received treatment for the same. Applicant specifically contended that, due to these reasons he needs with children to assist and help them in their day-to-day activities. His children are completely alone as his wife is in the hospital and he has been jail since long i.e from 23.01.2021 till date. His family needs moral support as there is no one to look after them and the acquaintances have ....
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....preme Court in Y. S. Jagan Mohan Reddy Vs. Central Bureau of Investigation (supra) is once again referred and further contended to reject the application. Again Gautam Kandu Vs. Directorate of Enforcement, State of Bihar Vs. Amit Kumar, (2017)13 SCC 751 are relied on pointing out the gravity of offence. Reference is made to Abdul Rehman @ Nawali Vs. State, (Bail Application 865 of 2020) wherein it is referred about the allegations that Dr. Gajinder Kumar Nayyar was issuing fake medical certificates to accused/convicts and/or their family members. Reliance is also placed on Nilesh Shreeniwas Baswant Vs. The State of Maharashtra, wherein the Hon'ble High Court rejected the application preferred by the petitioner for regular bail on health grounds. With this, it is contended to reject the application. 5. Heard Ld.Advs. Mr. Mihir Gheewala @ Mr. Vivek Babar, for applicant and Ld. S.P.P Mr. Sunil Gonsalves at length. Ld. Advs. for applicant placed their reliance on the recent order of the Hon'ble High Court in the case of Surendra Pundalik Gadling Vs. Senior Inspector of Police, National Investigation Agency (Criminal Appeal No.220 of 2021, decided on 30.07.2021) wherein the H....
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....er limb. Unable to personal care. Thirdly, severe on and off Occipital throbbing headache with giddiness. (i) Requirements for such patient are prescribed as assistance/hospitalization for personal care. (ii) Strict bed rest 6-8 weeks, (iii) Intravenous Analgesic and Physiotherapy and (iv) Strict observation for Worsening of Symptoms. This is the medical treatment being provided to wife of applicant. 8. Admittedly, after praying for calling the opinion and medical papers of Dr. Umesh Shetty, and on going through all the papers Exh.4 (colly.) Ld. S.P.P has not submitted any objection that all these medical papers are fake which are given by Dr. Umesh Shetty to the family members of accused No.11 for extraneous consideration and not for medical considerations to facilitate them in obtaining favourable orders of bail, as referred in Abdul Rehman Alias Nawali Vs. State (Bail Application No.865/2020) as relied upon by ED in their say. Even otherwise there is no contention of ED that, by filing such fake medical papers and opinion of doctor, applicant wants to get himself released on temporary bail by hook or crook. Apart from this, doctor Um....
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....ren, in the family of the accused, to look after their mother. I have already noted above whatever medical papers forwarded by Dr. Umesh Shetty have no history like issuing fake medical certificates to the accused and their families for getting bail from the Court. When there is no history as such and Dr. Umesh Shetty is well known Orthopedic Surgeon in Mumbai, his opinion cannot be discarded by completely disbelieving him. Therefore, the impact on the children and genuine need of their father to cope up with the same is an ardent need which is reflecting from the application and medical papers. Therefore, I am of the opinion that, application deserves to be allowed purely on humane grounds with certain specific stringent conditions on applicant. With this, application is allowed as follows : ORDER 1. Application is allowed as a first and last chance that, no further application on such ground or other, will be entertained or even for continuation of temporary liberty will be entertained after the lapse of period directed in this order. 2. The applicant be released on temporary bail from 06.12.2021 till 15.12.2021, purely on humanitarian ground, to attend circumstan....