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STATE OF CHHATTISGARH v. ANWAR DHEBAR

Supreme Court of India | Diary 30011/2024

Status

Order

Decided On

2024-11-29

Bench

HON'BLE MR. JUSTICE ABHAY S. OKA, HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

Petitioner

STATE OF CHHATTISGARH

Respondent

ANWAR DHEBAR

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.________ OF 2024 (SPECIAL LEAVE PETITION (CRIMINAL) NO.9395/2024)

STATE OF CHHATTISGARH APPELLANT(s)

VERSUS

ANWAR DHEBAR RESPONDENT(S)

O R D E R

1. Leave granted.

2. From paragraph 11 of the impugned order, it appears to

us that bail was granted to the respondent on medical

grounds. Therefore, we had directed that the respondent

shall be examined by the Medical Board of All India

Institute of Medical Sciences (AIIMS), Raipur,

Chhattisgarh. The Medical Board consisted of doctors from

the streams of Surgical Gastroenterology, Nephrology,

Urology and General Surgery. The Medical Superintendent of

AIIMS was also a part of it. They have opined that as on

10th September, 2024, there is no evidence of medical

condition as mentioned in paragraph 7 of the impugned

order. In fact, the Medical Board has recorded that the

condition of the respondent is stable with no significant

1

medical ailments.

3. Before considering the case for grant of bail on

medical grounds, the High Court ought to have got the

respondent examined through a Medical Board of any public

hospital.

4. The learned Senior counsel appearing for the

respondent contended that the bail was granted not only on

medical grounds but also on merits. He pointed ou...

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