PAWAN KUMAR DIDWANIA Vs. T.K. DUTTA & ANR
LAWS(SC)-1995-8-115
SUPREME COURT OF INDIA
Decided on August 28,1995

Pawan Kumar Didwania Appellant
VERSUS
T.K. Dutta And Anr Respondents

JUDGEMENT

- (1.)Special leave granted.
(2.)The learned A.S.G., who appears on behalf of respondent No. 1, states that having regard to the medical papers of 5th May, 1993 and 8th May, 1993 it is difficult to say that when the appellant averred that he was suffering from cardiac pain and that he had practised fraud on the Court. The case papers of 5th May, 1993 show that he had complained of pain on the left side of the chest and there was tenderness present. He had also similar injuries on both knee joints and over the left leg and right eye. Certain treatment was given to him and he was admitted to the ward where Doctor suspected 'acute cardiac Ischaemia'. On 8th May, 1993 once again the Medical Officer of the Presidency Jail opined that it seemed to be a case of acute Myocardial pain. In the circumstances, the learned A.S.G. is correct when he says that it could not be said that he had practised fraud when he secured bail on the ground that he had cardial difficulties. The bail has been cancelled on that ground. We, therefore, allow this appeal, set aside the impugned order of the High Court and restore the earlier order by which he was granted bail since the High Court has in turn stated that there was no allegation that he had abused the privilege of bail or misused the liberty granted to him. He will furnish fresh bail on the same term on which he was earlier released. Appeal allowed.


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