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SC grants interim bail of four weeks in MCOCA on account of Covid-19 - dispense issue of notice.

Supreme Court of India

Justice Navin Sinha & Justice Sanjiv Khanna

The SC on April 08, 2020 {NILESH SHRINIWAS BASWANT v. THE STATE OF MAHARASHTRA} held that considering the spread of the Covid-19 virus, the petitioner ought to be released on interim bail for a period of four weeks so that he can have himself investigated properly with regard to his ailment.

It was the case of the petitioner that he has been diagnosed with neuroendocrine neoplasm which is akin to a cancerous tumor. He, therefore, urgently requires proper investigation. Necessary documents of the concerned hospital where he was sent for examination during custody have also been annexed with the SLP petition.

It was directed by the SC that the petitioner be released on interim bail for a period of four weeks on expiry of which he shall surrender immediately thereafter.

In the present peculiar and special circumstances, the SC dispensed with the issuance of formal notice since it granted only interim bail as indicated above. The Special Leave Petition was disposed of accordingly by the SC.

In the present case, the petitioner sought bail in a prosecution under Section 307 and other provisions of the IPC read with Section 3 of the Maharashtra Control of Organised Crime Act.  The interim bail was granted for four weeks as aforesaid by the SC.

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