STATE OF MAHARASHTRA Vs. ARUN GULAB GAWALI

JUDGEMENT

(1.) THIS application by the State of Maharashtra is for cancellation of bail granted by the Order dated 19th September 1989 made by the learned Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Bombay.

(2.) THE Respondent charged with offences punishable under Sections 143, 144, 147, 148, 149, 302 and 120-B of the Indian Penal Code and Section 25 of the Arms Act, applied to this Court for bail. Suresh J. on 7th June, 1989 dismissed the application. He held that the Respondent belongs to a gang of criminals, is involved in various cases of murder and takes law into his own hand. Three months later, on or about 19th September, 1989, the Respondent applied for bail to the learned Magistrate on the basis of a certificate issued on 11th September, 1989 by Dr. B. K. Goyal, a renowned Cardiologist. The certificate is that the Respondent was under treatment of Dr. B. K. Goyal from 30th March, 1987 to 12th October, 1987, a fact which was known to the Respondent when Suresh J. rejected his application. According to Dr. Goyal, the Respondent suffered from "ischaemic Heart Disease". The Respondent was in the Yeravada Central Prison, Pune, until he was released on bail on 21st Sept. 1989, pursuant to the Order of the learned Magistrate impugned in this application.

(3.) A brief history of the illness which is the basis of the impugned Order is this :-On 17th June, 1989, the Respondent complained of chest pain for which he was treated by the doctor in the Yeravada Central Prison, Pune. The name of the doctor is Dr. Musa Dadamiya Mokashi who has made an affidavit and produced the medical papers. The treatment continued till 21st June, 1989. On 1st July, 1989, the Respondent again complained of chest pain. Dr. Kakrani was called who also treated him. The Respondent continued to complain of severe chest pain on 20th August 1989, 5th September, 1989 and 12th September, 1989. Dr. Mokashi observed, on 12th September, 1989, that the Respondent was restless, had high blood pressure (100/60) and pulse rate was 1000 per minute. However, he treated the patient for bronchitis. He admitted before me that the Prison Hospital does not have the equipment for recording elactro-cardiogram. On 21st Sept. 1989, the Respondent was released from the jail.