- 1 - 1 - 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CRIMINAL JURISDICTION CRIMINAL JURISDICTION CRIMINAL JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 7234 OF 2005 APPLICATION NO. 7234 OF 2005 APPLICATION NO. 7234 OF 2005 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO. 647 OF 2000 APPEAL NO. 647 OF 2000 APPEAL NO. 647 OF 2000 Sharif Sharif Sharif Khan Rashid Khan. Khan Rashid Khan. Khan Rashid Khan. .. .. .. Applicant Applicant Applicant ( Orig. Respdt. No.2) Orig. Respdt. No.2) Orig. Respdt. No.2) Versus Versus Versus The The The Directorate of Revenue Directorate of Revenue Directorate of Revenue Intelligence, Intelligence, Intelligence, and another. and another. and another. .. .. .. ..Respondents ..Respondents ..Respondents ----- ----- ----- Shri. Shri. Shri. Anil Lalla, i/b Lalla & Lalla, for the Anil Lalla, i/b Lalla & Lalla, for the Anil Lalla, i/b Lalla & Lalla, for the Applicant. Applicant. Applicant. Shri. Shri. Shri. A. H. Palekar, Public Prosecutor, for the A. H. Palekar, Public Prosecutor, for the A. H. Palekar, Public Prosecutor, for the Union Union Union of India. of India. of India. Shri. Shri. Shri. S. R. Borulkar, Public Prosecutor, for the State. S. R. Borulkar, Public Prosecutor, for the State. S. R. Borulkar, Public Prosecutor, for the State. -------- -------- -------- CORAM CORAM CORAM : S. B. MHASE AND : S. B. MHASE AND : S. B. MHASE AND S. S. S. R. SATHE, JJ. R. SATHE, JJ. R. SATHE, JJ. DATE DATE DATE : OCTOBER 28, 2005 : OCTOBER 28, 2005 : OCTOBER 28, 2005 P. P. P. C. C. C. . Heard learned Counsel for the Applicant, the learned Heard learned Counsel for the Applicant, the learned Heard learned Counsel for the Applicant, the learned Public Public Public Prosecutor for the Union of India and the Prosecutor for the Union of India and the Prosecutor for the Union of India and the learned learned learned Public Prosecutor for the State of Maharashtra. Public Prosecutor for the State of Maharashtra. Public Prosecutor for the State of Maharashtra. 2. Earlier, Criminal Applications Nos. 182 of 2001, Earlier, Criminal Applications Nos. 182 of 2001, Earlier, Criminal Applications Nos. 182 of 2001, 4155 4155 4155 of 2003, and Criminal Application No. 3780 of of 2003, and Criminal Application No. 3780 of of 2003, and Criminal Application No. 3780 of 2004 2004 2004 seeking bail were made. All those applications seeking bail were made. All those applications seeking bail were made. All those applications have have have been rejected successively by this Court. It been rejected successively by this Court. It been rejected successively by this Court. It further further further appears that two or three other applications, appears that two or three other applications, appears that two or three other applications, which which which were made for bail, have been withdrawn at the were made for bail, have been withdrawn at the were made for bail, have been withdrawn at the time time time of the hearing and thus the applicant is in Jail of the hearing and thus the applicant is in Jail of the hearing and thus the applicant is in Jail pending pending pending the appeal. He was earlier convicted in NDPS the appeal. He was earlier convicted in NDPS the appeal. He was earlier convicted in NDPS - 2 - 2 - 2 - Case Case Case No. 280 of 1992 for a period of ten years. Shri. No. 280 of 1992 for a period of ten years. Shri. No. 280 of 1992 for a period of ten years. Shri. Lalla, Lalla, Lalla, learned Counsel for the Appliacant, reports that learned Counsel for the Appliacant, reports that learned Counsel for the Appliacant, reports that that that that period of ten years is over and thus he has period of ten years is over and thus he has period of ten years is over and thus he has undergone undergone undergone the conviction for ten years. In the present the conviction for ten years. In the present the conviction for ten years. In the present matter, matter, matter, which arises out of the acquittal of the which arises out of the acquittal of the which arises out of the acquittal of the applicant, applicant, applicant, the applicant is in jail in an action under the applicant is in jail in an action under the applicant is in jail in an action under section section section 390 of the Code of Criminal Procedure, 1973. 390 of the Code of Criminal Procedure, 1973. 390 of the Code of Criminal Procedure, 1973. It It It appears that the bail was rejected under section 390 appears that the bail was rejected under section 390 appears that the bail was rejected under section 390 of of of the Code of Criminal Procedure since the applicant the Code of Criminal Procedure since the applicant the Code of Criminal Procedure since the applicant was was was to undergo the conviction in the Special Case No. to undergo the conviction in the Special Case No. to undergo the conviction in the Special Case No. 280 280 280 of 1992. of 1992. of 1992. 3. 3. 3. In the present application, the ground made out is In the present application, the ground made out is In the present application, the ground made out is that that that the applicant has suffered heart attack and is the applicant has suffered heart attack and is the applicant has suffered heart attack and is admitted admitted admitted in the Sassoon Hospital, Pune. Shri. in the Sassoon Hospital, Pune. Shri. in the Sassoon Hospital, Pune. Shri. Borulkar, Borulkar, Borulkar, the learned P.P., who appears for the State the learned P.P., who appears for the State the learned P.P., who appears for the State of of of Maharashtra, reports that it is true that the Maharashtra, reports that it is true that the Maharashtra, reports that it is true that the applicant applicant applicant has suffered a massive heart attack, and as has suffered a massive heart attack, and as has suffered a massive heart attack, and as per per per the doctor’s certificate, the diagnosis is the doctor’s certificate, the diagnosis is the doctor’s certificate, the diagnosis is Myocardial Myocardial Myocardial Infarction. He submitted, however, that Infarction. He submitted, however, that Infarction. He submitted, however, that initially initially initially the applicant was in the Intensive Care Unit, the applicant was in the Intensive Care Unit, the applicant was in the Intensive Care Unit, but but but now the patient is stable and has been transferred now the patient is stable and has been transferred now the patient is stable and has been transferred to to to the general ward. Thus what we find is that the the general ward. Thus what we find is that the the general ward. Thus what we find is that the ground ground ground made out in the application is true and genuine. made out in the application is true and genuine. made out in the application is true and genuine. Shri. Shri. Shri. Lalla, learned Counsel for the Applicant, Lalla, learned Counsel for the Applicant, Lalla, learned Counsel for the Applicant, submits submits submits that if temporary bail is granted, better that if temporary bail is granted, better that if temporary bail is granted, better - 3 - 3 - 3 - treatment treatment treatment can be given to save his life. We asked can be given to save his life. We asked can be given to save his life. We asked learned learned learned Counsel for the Union of India and the learned Counsel for the Union of India and the learned Counsel for the Union of India and the learned P. P. P. P. for the State of Maharashtra as to what they P. for the State of Maharashtra as to what they P. for the State of Maharashtra as to what they have have have to say. They have stated that they leave the to say. They have stated that they leave the to say. They have stated that they leave the matter matter matter to the Court in the abovereferred circumstances. to the Court in the abovereferred circumstances. to the Court in the abovereferred circumstances. Thus, Thus, Thus, we find that the applicant has suffered a massive we find that the applicant has suffered a massive we find that the applicant has suffered a massive heart heart heart attack and he is claiming a temporary bail for attack and he is claiming a temporary bail for attack and he is claiming a temporary bail for better better better treatment in a private hospital. treatment in a private hospital. treatment in a private hospital. 4. 4. 4. Therefore, on humanitarian ground and to avail of a Therefore, on humanitarian ground and to avail of a Therefore, on humanitarian ground and to avail of a better better better treatment for the survival of the applicant, we treatment for the survival of the applicant, we treatment for the survival of the applicant, we are are are inclined to grant temporary bail on certain inclined to grant temporary bail on certain inclined to grant temporary bail on certain conditions conditions conditions for a period of two months from the date of for a period of two months from the date of for a period of two months from the date of release. release. release. The temporary bail is granted on the The temporary bail is granted on the The temporary bail is granted on the following following following conditions: conditions: conditions: i) i) i) The applicant be released on a temporary The applicant be released on a temporary The applicant be released on a temporary bail bail bail for a period of two months from the date for a period of two months from the date for a period of two months from the date of of of the release on furnishing a surety of Rs. the release on furnishing a surety of Rs. the release on furnishing a surety of Rs. 1,00,000/=( 1,00,000/=( 1,00,000/=( Rupees One Lac only) with two Rupees One Lac only) with two Rupees One Lac only) with two sureties, sureties, sureties, each being for Rs. 50,000/-. each being for Rs. 50,000/-. each being for Rs. 50,000/-. ii) ii) ii) That the applicant shall report to the DRI That the applicant shall report to the DRI That the applicant shall report to the DRI the the the name of the Hospital where he is admitted name of the Hospital where he is admitted name of the Hospital where he is admitted for for for a further treatment and if he is not a further treatment and if he is not a further treatment and if he is not admitted admitted admitted in the hospital and taking treatment in the hospital and taking treatment in the hospital and taking treatment - 4 - 4 - 4 - at at at home, he shall give the address of his home, he shall give the address of his home, he shall give the address of his home. home. home. iii) iii) iii) He shall not leave Bombay unless He shall not leave Bombay unless He shall not leave Bombay unless permission permission permission from this Court is obtained. He from this Court is obtained. He from this Court is obtained. He shall shall shall surrender his passport, if any, to the surrender his passport, if any, to the surrender his passport, if any, to the DRI, DRI, DRI, before his temporary release on bail. He before his temporary release on bail. He before his temporary release on bail. He shall shall shall undertake to this Court by filing an undertake to this Court by filing an undertake to this Court by filing an appropriate appropriate appropriate affidavit that he will surrender affidavit that he will surrender affidavit that he will surrender on on on the due date to the Jail Authorities and the due date to the Jail Authorities and the due date to the Jail Authorities and will will will not indulge into any activities of the not indulge into any activities of the not indulge into any activities of the nature nature nature for which the prosecution is going on. for which the prosecution is going on. for which the prosecution is going on. iv) iv) iv) That He shall not try through himself or That He shall not try through himself or That He shall not try through himself or any any any other persons to influence the other other persons to influence the other other persons to influence the other witnesses witnesses witnesses who are examined in this case. who are examined in this case. who are examined in this case. v) v) v) The office of the DRI is further directed The office of the DRI is further directed The office of the DRI is further directed to to to keep approppriate surveillance on the keep approppriate surveillance on the keep approppriate surveillance on the actrivities actrivities actrivities being carried out by the being carried out by the being carried out by the applicant. applicant. applicant. 5. 5. 5. The application is disposed of in the above terms. The application is disposed of in the above terms. The application is disposed of in the above terms. ( S. R. SATHE, J. ) S. R. SATHE, J. ) S. R. SATHE, J. ) ( S. B. MHASE, J.) S. B. MHASE, J.) S. B. MHASE, J.)