Bombay High Court
Azeez Unni Mohammed @ Ajju Rolex vs The State Of Maharashtra on 29 November, 2021
Bench: Nitin W. Sambre
38.3539.21 ba.doc
ISM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 3539 OF 2021
AZEEZ UNNI MOHAMMED @ AJJU ROLEX ....APPLICANT
V/s.
THE STATE OF MAHARASHTRA .....RESPONDENT
Mr. Nitin Sejpal a/w Akshata Desai for the applicant
Mr. Ajay Patil APP for the State
CORAM : NITIN W. SAMBRE, J.
DATE: NOVEMBER 29, 2021.
P.C.:
1] Heard.
2] On merit, prayer for grant of bail was rejected on 28/12/2019.
The attempt on the part of the applicant seeking bail thereafter before
Apex Court was also resulted in failure as Apex Court has also
rejected the prayer for grant of bail.
3] Present application is moved seeking bail on the medical
38.3539.21 ba.doc
grounds. My attention is invited to the fact that applicant is suffering
from Chronic Renal disease, Hypertension and Deep Venous
Thrombosis. It is claimed that applicant is surviving on one kidney
which is functioning at at its 20% of the capacity and as such,
applicant is more prone to infection. Counsel for the applicant by
relying on Division Bench Judgment of this Court in the matter of Dr.
P. V. Varavara Rao Vs. National Investigation Agency & Anr [2021 ALL
MR (Cri) 1955] would urge that even a prisoner have right to get
proper medical treatment. As such, claim is, he is entitled to be
released for taking treatment.
4] Learned counsel for the applicant would urge that applicant be
released temporarily, medical report be called and then Court may
decide further action in the matter as to whether he should be
continued on temporary medical bail.
5] Learned APP based on report of the Chief Medical Officer,
Mumbai, Central Prison, Mumbai would oppose the prayer.
38.3539.21 ba.doc
6] Considered submissions.
7] The fact that applicant is suffering from Chronic Renal disease
is not in dispute. However, during the course of hearing of the
application, in the backdrop of the medical report, in response to
Court's query, learned counsel for the applicant Mr. Sejpal would
urge that the solution available to the issue is that of Renal
transplant and for that purpose a donor has to be arranged for which
his release is necessary.
8] Learned counsel for the applicant so as to substantiate his
aforesaid contentions has placed on record affidavit of younger
brother of the applicant thereby producing on record medical
certificate issued by Dr. Jatin Kothari who is administering
treatment to the applicant.
9] As far as aforesaid contentions are concerned, it is not in
dispute that the solution available to the medical problem of the
38.3539.21 ba.doc
applicant is Renal transplant. For that purpose, either he has to have
a donor from his family or can take recourse to swapping. Applicant
has not come out with any such case before the Court to claim that
any of his blood relative is willing to donate kidney or otherwise also
ready for swapping. As such, only purpose for which applicant is
seeking his release is, to avoid he being getting infected as his
immune system is not supportive. The jail authorities as is reflected
in the report submitted before this Court of having taken appropriate
steps in the matter thereby admitting him to the jail hospital and he
is provided with home food containing low salt and protein. Apart
from above, appropriate treatment is provided and there is no
complaint about the same brought on record.
10] As such, what can be noticed is, applicant is seeking his release
under the pretext that his one kidney has already failed whereas
other kidney is functioning at 20% of the capacity. None of his blood
relatives have come out in his support that they are willing to donate
kidney or willing to swap the same. There is enough material to infer
that applicant is provided proper treatment in the jail. Apart from
38.3539.21 ba.doc
above, this Court is sensitive to the fact that after his unsuccessful
attempt of release on 28/12/2019 before this Court, the Apex Court
also turned down his plea recently in 2020.
11] That being so, no case for grant of temporary bail is made out.
As such, application stands rejected.
12] However, it is worth to mention that in case if the applicant
comes out with a case of Renal transplant, either through his
donor/(blood relative) or swapping, same shall be considered on its
own merits by the jail authorities in accordance with law.
13] Considering the medical condition of the applicant, hearing of
the trial is expedited. Trial Court is requested to submit progress
report of the trial after every three months.
[NITIN W. SAMBRE, J.]
IRESH
SIDDHARAM
MASHAL
Digitally signed
by IRESH
SIDDHARAM
MASHAL
Date: 2021.11.30
10:37:56 +0530
