In an unexpected turn of events, a Mumbai court mistakenly granted temporary bail to an accused individual who had tragically passed away at a government hospital two days before the order was delivered. The court, unaware of the accused's demise, issued a 9-page order approving temporary bail on medical grounds, with no mention of the unfortunate incident.
The accused, identified as late Suresh Pawar, had been arrested by the Mumbai police in 2012 on charges of cheating and forgery. He had remained in custody since then, awaiting trial after the filing of a chargesheet.
Pawar's bail application highlighted his deteriorating health condition, specifically emphasizing severe diabetes and age-related ailments. After sustaining a toe injury in February 2023, he was admitted to JJ Hospital, where subsequent complications led to the amputation of his lower leg and the development of a lung infection.
Seeking medical bail to receive appropriate treatment at a private hospital, Pawar's plea was heard by the court on May 8. The pronouncement of the order was initially adjourned to May 9 after the complainant filed an intervention application. However, due to the court's busy schedule, the order was further postponed to May 11.
On May 11, the court granted temporary medical bail to the accused, valid for six months, citing medical and humanitarian grounds. Nevertheless, unbeknownst to the court, the accused had already passed away on May 9, 2023.
Advocate A Karim Pathan represented the deceased accused, while the state was represented by additional public prosecutor Prabhakar Tarange. Advocates Vivek Arote and Swapna Samant appeared on behalf of the complainant. This unfortunate incident has raised questions regarding the communication of critical information and the need for improved coordination within the judicial system.
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