Mumbai court grants bail to accused unaware that he had passed away two days before order was delivered

A Mumbai court on May 11 granted temporary bail to an accused person who had passed away at a government hospital on May 9 [Suresh Pawar v. State of Maharashtra & Ors.]..The Court was unaware of the fact that the accused had expired. Even the 9-page order granting temporary bail on medical grounds does not mention the fact that the accused had passed away.The lawyers for the accused and complainant told Bar & Bench that neither the Court nor they were informed about the accused's death.The accused was booked for cheating and forgery case by the Mumbai police in 2021. He was arrested on December 31, 2012 and had been behind bars since then. Chargesheet was filed and trial was in progress. In his bail application, the accused, late Suresh Pawar, informed the Court that he was severely diabetic and suffering from age related diseases. In February 2023, he sustained injury to his toe and was admitted to the State-run JJ hospital. He was later discharged but he developed gangrene on his toe and it had to be amputated.The Court was informed that in April, his wound became septic due to improper medical treatment and he was admitted to JJ Hospital. His leg below the knee had to be amputated and his lungs also developed infection..The applicant moved for medical bail on May 4 in order to be transferred to a private hospital for proper treatment. The Court heard all parties on May 8 and reserved the plea for orders on May 9. On May 9, the complainant filed an intervention application, and hence the pronouncement of order was adjourned to next day.On May 10, the court was busy in hearing other matters and dictating orders. In light of this, the pronouncement was adjourned to May 11. On May 11, the Court granted temporary medical bail for 6 months to the accused on medical and humanitarian grounds, but imposed conditions on the accused. However, the accused had expired on May 9, 2023, a fact which the Court was not aware of..Advocate A Karim Pathan appeared for the deceased accused. Additional public prosecutor Prabhakar Tarange appeared for the State.Advocates Vivek Arote and Swapna Samant appeared for the complainant.[Read order]