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2017 (8) TMI 1724 - CHHATTISGARH HIGH COURTGrant of Regular Bail - second and third bail application - seeking grant of bail on medical grounds - HELD THAT:- The bail order of Mohan Lalwani and the documents filed along with these bail applications would show that Mohan Lalwani being aged about 60 years and because of ailment and further he was shown to be physically disabled as per Annexure A-12, was enlarged on bail. Therefore, the present applicants cannot claim parity of order on the basis of medical document submitted. Neither the degree of ailment or age is at par with the other coaccused. The fact that whether the primary evidence have been adduced or not and the statement of Manish Tawri (PW-11) who states about the presence of fracture cannot be decided during hearing the bail applications, it would be within the exclusive domain of the trial Court to examine the same. Any observation or finding at this stage would amount to usurp the power of trial Court. Witnesses have already been examined, however, it appears that OP Singh, who is injured is still to be examined and progress of the trial is satisfactory since 11 witnesses have already been examined - there are no change in the circumstances to reconsider the bail again. Bail application dismissed.
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