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TMI Blog2021 (2) TMI 1237X X X X Extracts X X X X X X X X Extracts X X X X ..... require any surgery or chemotherapy. The report contains statement of Dr.Amol Galge dated 18th February, 2021 - The applicant has also annexed medical case papers of Sasoon Hospital and tendered compilation of medical case papers of Sasoon Hospital. The said case papers indicate that patient is being treated for pulmonary Kochi/ Pulmonary tuberculosis. FIR is registered against applicant for forgery of documents. It is apparent that applicant has been misleading the Courts. The applicant is not entitled for bail on merits as well as on medical ground. Application deserves to be rejected - bail application dismissed. - Criminal Bail Application No. 47 of 2021 - - - Dated:- 26-2-2021 - Prakash D. Naik, J. Dr.Abhinav Chandrachud i/b. Ms. Meenakshi Sukeshi, Advocate for the Applicant. Mrs. A. A. Takalkar, APP for the Respondent-State. ASI- Sanjay Kadam, Kondhava Police Station, Pune. ORDER PC : 1. In accordance with order dated 27th January, 2021 passed by coordinate bench, this application was listed before me. 2. This is an application for bail under Section 439 of Cr.PC. The applicant is arrested on 5th August, 2016 in connection with C.R. No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent state accepting that the petitioner suffers from cancer and that he requires multiple courses of chemotherapy. Considering the entirety of matter bail was extended. 6. In pursuant to aforesaid order the applicant preferred an application for bail before Special Court under the M.C.O.C. Act on 13th June, 2020. Reliance was placed on the medical case papers, in support of the prayer for bail. The applicant relied upon medical report dated 22nd June, 2020 from Cell Vision, Pathology Suggesting Immuno-histo chemistry and clinical and radiological treatment and medical report from Onco-life cancer centre, Mumbai stating that applicant requires six cycles of chemotherapy weekly as he has welldifferentiated Neuroendocrine tumour . The said certificate was purportedly issued by Dr. Dattatraya Andure. Learned Sessions Judge by Order dated 9th July, 2020 rejected the said application. While rejecting the said application, it was observed that the applicant requires chemotherapy which is available at Sasoon Hospital. 7. The applicant preferred this application in this Court. The applicant then preferred Misc. Application before the Hon ble Supreme Court and bail was extended vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PP tendered the report dated 25th February, 2021. Submitted by pulmonary division of Sasoon Hospital with case papers. The report indicate that, the applicant was suffering from tuberculosis. He was taking treatment for the same from 7th July, 2020. He is cured and medication is stopped from 1st January, 2020. It is submitted that FIR has been registered against applicant on 23rd February, 2021 with Shivaji Nagar Police Station for offences under Section 465, 468, 471, 198, 420 of IPC for fabricating medical certificate and investigation is in progress. The applicant was not suffering from cancer. 10. It is submitted that even otherwise in view of embargo under Section 21(4) of M.C.O.C. Act temporary bail cannot be granted on medical grounds. Learned APP has placed reliance upon decision of this Court in the case of Sambhaji Haribhau Kudale Vs. State of Maharashtra 2006 ALL MR (Cri) 3193, Anil Umrao Gote Vs. State of Maharashtra 2005 ALL MR (Cri) 350 and Yogesh Ahiwale Vs. State of Maharashtra dated 28 th July, 2020 delivered in B.A. No.120 of 2020 wherein it was observed that the Special Judge or the High Court cannot release the accused charged for offences under M.C.O.C. Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... examining reports, it was noticed that infection to intestine was removed. DOTA Scan showed that there were no signs of cancer. Jail authorities were informed about it. On the basis of biopsy and endoscopy conducted at Sasoon Hospital, the applicant got himself admitted at Shaswat hospital of Dr. P. S. Karmarkar on 29th April, 2020. Certificate stating that applicant suffers from Neuroendocrine Colonic Malignancy, was issued. He was discharged. On 9th May, 2020 he was advised DOTA PET Scan due to collitus in intestine. Dr. Karmarkar sent the report for second opinion to Dr.Gayatri Pathak of Cell Vision Pathology. It was reported that applicant has Well differentiated Neuroendocirne Tumour and advised Radiology. The applicant relied on certificate of Dr. Dattatray Andure of Onco-Life Cancer Centre Pvt. Ltd dated 24th June, 2020 stating that Applicant needs be treated by chemotherapy 3 weeks for six cycles depending upon review of IHC and PET Scan . The police approached Dr. Andure and showed him letter dated 24th June, 2020 issued by him. He stated that on 24th June, 2020 applicant had visited him for treatment. He had shown report dated 14th February, 2020 issued by Sasoon Hospi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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