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2020 DIGILAW 435 (SC)

Azam Khan v. State Of Maharashtra

2020-03-27

D.Y.CHANDRACHUD, SURYA KANT

body2020
ORDER The Court convened through Video Conferencing. 1. This is an application for grant of interim bail. Interim bail has been sought on medical grounds by the applicant. The applicant is alleged to have committed offences under Sections 420, 467, 468 and 471 of the Indian Penal Code. The applicant is a builder who is alleged to have defrauded nearly 1400 persons and to have collected an amount of over Rs 40 crores. At this stage, the basis on which interim bail has been sought is that on 6 September 2019, the applicant was operated at the Tata Memorial Hospital, Mumbai for cancer of thyroid (Papillary Carcinoma). It has been submitted on behalf of the applicant by Mr. Jayanth Muth Raj, learned senior counsel that as a result of the surgery, he has to take an iodine restricted diet. Bail has also been sought on the ground of his general condition for a limited period. 2. Mr. Rahul Chitnis, learned Standing Counsel appearing on behalf of the State of Maharashtra has opposed the grant of interim bail. Mr. Chitnis submitted that the applicant has received adequate medical treatment and the surgery was conducted at the Tata Memorial Hospital, Mumbai during the course of custody. He also submitted that the applicant is currently receiving appropriate treatment. 3. Having regard to the current situation, and particularly since the applicant has been in custody for over three and half years and has suffered from cancer for which he had to undergo surgery, we consider it appropriate and proper to direct release of the applicant on interim bail for a period of six weeks from today. This shall be subject to the condition that the applicant shall surrender his passport to the investigating officer forthwith. 4. The Registry is directed to place the Special Leave Petition before the appropriate Bench immediately after the regular Court functioning is restored. The applicant shall intimate to the investigating officer his address and whereabouts on a weekly basis and shall surrender forthwith after the aforesaid period of six weeks is completed. 5. In the event that regular Court functioning commences before the expiry of the above period, liberty is granted to the learned Standing Counsel for the State to have the Special Leave Petition placed on Board at an earlier date by the assigned Court. The interlocutory application is accordingly disposed of. 6. 5. In the event that regular Court functioning commences before the expiry of the above period, liberty is granted to the learned Standing Counsel for the State to have the Special Leave Petition placed on Board at an earlier date by the assigned Court. The interlocutory application is accordingly disposed of. 6. A copy of this order shall be communicated to the Advocate-on-Record for the Government of Maharashtra in the Supreme Court. Mr. Chitnis states that the order shall be communicated to the competent jail authorities for implementation.