Home Case Index All Cases Customs Customs + HC Customs - 2023 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (3) TMI 848 - MADHYA PRADESH HIGH COURT4th bail application under Section 439 of the Code of Criminal Procedure, 1973 - Smuggling - gold - bail also claimed on medical grounds - habitual offender - Revenue opposes the bail application and prays for its rejection submitting that the applicant's earlier two bail applications have been rejected on merit after considering all the facts and circumstances of the case and there is no material changes in the circumstances, in which the applicant may be deserve for bail. HELD THAT:- Taking note of the fact that the applicant's earlier two bail applications were rejected on merit after considering all the facts and circumstances of the case and the arguments advanced by counsel for the applicant; the applicant is a habitual offender or not is the fact which may be proved during trial; although the co-accused Shankar Singh Yadav has been enlarged on bail in SHANKAR SINGH YADAV VERSUS DIRECTORATE OF REVENUE INTELLIGENCE & ANR. [2023 (3) TMI 791 - SC ORDER], but the case of present applicant is different from the co-accused Shankar Singh Yadav, therefore, he cannot claim parity with the co-accused Shankar Singh Yadav. So far as medical ground taken by the applicant is concerned, from the report dated 06/03/2023 issued by Meeical Officer, Central Jail, Indore, it is clear that proper treatment is being provided to present applicant and he had been sent to M.Y. Hospital, Indore for the purpose of colonoscopy and other treatment and he was advised for surgery at M.Y. Hospital, Indore, but after admission, the applicant himself denied for the aforesaid surgery; the applicant himself is not ready to take treatment; the required treatment is available in Government Hospital also, therefore, on the basis of the treatment, he cannot be enlarged on bail. This Court is not inclined to grant bail to the applicant - Application dismissed.
|