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TMI Blog2017 (8) TMI 1725X X X X Extracts X X X X X X X X Extracts X X X X ..... of the evidence tendered by the complainant's witnesses prior to issuance of process was even gone into by the High Court. Having regard to the settled principles of law, the approach of the High Court not considered to be correct in law. At the stage at which the case was poised for consideration, it was beyond the jurisdiction of the High Court to have embarked upon the exercise that was undertaken. As the same appears to be in clear excess of jurisdiction, the order of the High Court is set aside and it is directed that the complaint proceedings against the accused Respondents be continued from the stage where the same was interdicted. The order of High Court set aside - appeal allowed. - K.L. WADANE, J. For the Appellant : Mr. Raj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iming regular bail on the grounds of parity, medical treatment, his old age and delay in trial. 6. The respondent opposed the bail application by filing affidavit of one Manojkumar Pathak, on behalf of Central Bureau of Investigation. 7. I have heard argument of Mr. Deshmukh, the learned counsel for the applicant and Mr. S. B. Deshpande, learned ASG for the respondent CBI. 8. Mr. Deshmukh, by referring various documents, has argued the matter on merits. The learned counsel submitted that another accused person namely Prabhakar and Kuldipsing against whom similar allegations are made are already released on bail. Further, Mr. Deshmukh pointed out physical condition of the applicant and by referring various documents relating to medical treat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4.2016 issued by the Dean, Government Medical College and Hospital, Latur, addressed to the Assistant Superintendent, District and Sessions Court, Latur, wherein, it has been informed that there is no facility of Angiography or Angioplasty for primary treatment given for heart disease. By referring to another document Mr. Deshmukh the learned counsel further submitted that the applicant is a heart patient and requires urgent Bypass surgery. Mr. Deshmukh referred the letter dated 24.06.2016 issued by Dr. S. S. Deshmukh Cardiologist, Department of Cardiology, GMCH, Aurangabad, who has advised Coronary Artery Bypass Grafting (CABG) as the patient is significantly symptomatic inspite of medical management and PTCA to RCA attempted in 2011/Medic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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