1 (APPA-1002-11) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1002 OF 2011 (FOR BAIL) IN CRIMINAL APPEAL NO.4 OF 2011 Riyajuddin Allauddin Khan @ Pammu (Presently at Nashik Central Jail) .... Applicant. V/s State of Maharashtra, Thru’ R.A.K. Marg, Police Station, Mumbai. .... Respondent. Mr. Raja Thakre alongwith Mr. Ashish Giri i/b M/s. Jay & Co. for the applicant. Dr. F.R. Shaikh, APP for the State. CORAM: V. M. KANADE & A.M. THIPSAY, JJ DATE : 3RD OCTOBER, 2011 P.C.:- 1. Heard the learned Counsel appearing on behalf of the applicant and the learned APP appearing on behalf of the State. 2. Applicant is convicted by the Additional Sessions Court, Greater Mumbai for the offence punishable under section 2 (APPA-1002-11) 302 read with section 34 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for life. Appeal is admitted. During pendency of appeal, he has filed this application for bail. 3. Prosecution case is that the applicant alongwith other accused assaulted the deceased with a chopper and other lethal weapons, as a result of which the deceased succumbed to the injuries. It is submitted that the applicant has a very good case on merits and is likely to succeed in the appeal. It is submitted that version of the witnesses is not consistent and is contradictory and that the prosecution had failed to establish its case beyond the reasonable doubt. 4. We have gone through the judgment and order of the Trial Court and have also seen the statements of witnesses and the evidence adduced by the prosecution. It is not in dispute that the deceased Raju died on 11/4/2007 and his death was unnatural and homicidal. The doctor who performed the postmortem on the deceased has stated that injuries which were found on the person of the deceased could be caused with the weapons which were shown to him in the court. P.W. 1 - Alamgir has witnessed the said incident and the Trial Court has relied on the said evidence. P.W. 1 in his evidence has clearly stated that the applicant caught the deceased Raju and assaulted him on his waist and when he tried to run away, accused No.2 assaulted him with the chopper and, thereafter, he caught hold of Raju and 3 (APPA-1002-11) then again applicant assaulted him with the chopper. The postmortem notes indicate that there were in all 9 injuries on the person of the deceased and some of which were incised wounds and other injuries were stab injuries. 5. In our view, there is sufficient material on record to indicate the involvement of the applicant in commission of the said offence. Hence, it is not possible to grant bail on merits. 6. It is then submitted that the applicant be released on bail on medical grounds. It is submitted that the applicant was suffering from mental illness which was caused on account of sleep disorder and he was given treatment at the Apollo Hospital at Chennai. It is submitted that the Sessions Court was pleased to release the applicant on bail on 19/10/2007 and, thereafter, after his release, for three years the applicant was given treatment at Masina Hospital. It is submitted that after he was convicted by the Sessions Court, since 17/8/2010 the applicant is in jail and he is not getting proper treatment for his mental disorder. It is submitted that in the Hospital at Nasik Road Jail, there are no proper facilities for treating the patients who are suffering from mental disorder and, therefore, on many occasions, the applicant is sent to Civil Hospital. It is submitted that even at Civil Hospital, Nasik, Psychiatric Ward does not have adequate staff and facilities for psychiatric treatment. Further affidavit of applicant’s father has been filed dated 4 (APPA-1002-11) 3/10/2011 in which it is stated that the applicant was shifted from Nasik Jail to Hira Medical College at Dhule since treatment could not be given to him at the Hospital at Nasik. It is, therefore, submitted that the applicant may be released on medical grounds. It is further submitted that the father of the applicant undertakes to take proper care of the applicant by providing him medical treatment and medication in a good private hospital. 7. On the other hand, the learned APP appearing on behalf of the State submitted that when the applicant was in the hospital, he had assaulted fellow inmate and there was altercation between the applicant and the watchman and the applicant had assaulted the watchman, as a result of which the said watchman had to be admitted in the hospital. It is submitted that the applicant had been shifted to Dhule Hospital and is given proper medical treatment. 8. In our view, the applicant does not deserve to be released on bail on medical grounds. The medical papers which are annexed to the application clearly reveal that the applicant is suffering from insomnia which is not a mental disorder but only a sleep disorder. The report given by Dr. Y.A. Matcheswalla who is attached to Masina Hospital clearly reveals that the applicant is in habit of picking up quarrels with anyone and also is in habit of consuming charas. He has also observed that the applicant is in habit of lying/cheating and on provocation challenges others to fight. 5 (APPA-1002-11) It is not in dispute that when he was in jail at Nasik Road Central Prison, he has grievously assaulted one of the fellow inmates. Therefore, if the applicant is released on bail, in all probability, he may commit similar offence at the slightest provocation. Applicant is being given treatment at Dhule Hospital. Dean of the Dhule Hospital is directed to give proper treatment to the applicant and, if necessary, refer him to J.J. Hospital at Mumbai under police escort and, after treatment is over, he may be brought back either to Nasik or any other convenient place where he can be treated for his sleep disorder and he may be transferred preferably to the Jail where the Jail Hospital has Psychiatric Ward. 9. With the aforesaid directions, application is dismissed. Liberty, however, is given to the applicant to apply if further complications are noticed in respect of his mental health. Hearing of the appeal is expedited. (A.M.THIPSAY, J.) (V.M. KANADE, J.) 6 (APPA-1002-11)