sg 5.apealst13579-26.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2309 OF 2026 IN CRIMINAL APPEAL (STAMP) NO. 13579 OF 2026 WITH CRIMINAL APPEAL (STAMP) NO. 13579 OF 2026 WITH INTERIM APPLICATION NO.2307 OF 2026 IN CRIMINAL APPEAL (STAMP) NO. 13579 OF 2026 Godfrey Thomas Alvares … Appellant versus The National Investigation Agency And Anr. … Respondents ---- Mr. Zoheb Shaikh, a/w. Mr. Yash Vora, for the Appellant. Mr. Chintan Shah, S.P.P., a/w. Mr. Rohan Chaughule, for Respondent No.1/NIA. Mr. Akhilesh Singh, PI, NIA., Mumbai, is present. Ms. Gauri Rao, APP, for the Respondent/ State. Dr. Aman Pandey, Chief Medical Officer, Bombay Central Prison, is present. ---- CORAM: SARANG V. KOTWAL & ASHISH S. CHAVAN, JJ. DATE: 22nd JULY, 2026. __________________________________________________ 22nd July, 2026 SMITA JOHNSON GONSALVES Digitally signed by SMITA JOHNSON GONSALVES Date: 2026.07.23 15:31:51 +0530 sg 5.apealst13579-26.docx P.C.: 1. Interim Application No.2309 of 2026 is an application in a pending Criminal Appeal (Stamp) No.13579 of 2026. The said appeal is filed beyond the period of limitation, and hence, there is another Interim Application No.2307 of 2026 for condonation of delay in preferring the appeal. The aforesaid appeal is preferred against the order dated 6th December, 2024 passed below Exhibits 9 and 10 by the Special Judge under NIA, in NIA Special Case No.1225 of 2024. The appeal is preferred under Section 21(4) of the National Investigation Agency Act, 2008. 2. However, the present Interim Application No.2309 of 2026 challenges the order dated 4th July, 2026 passed below Exhibit 91 in the NIA Special Case No.1225 of 2024. The said order is also passed by the Special Judge under NIA Act, Greater Mumbai. 3. This application is filed on urgent basis because of the serious health condition of the Applicant. 4. Heard learned Counsel Mr. Zoheb Shaikh for the __________________________________________________ 22nd July, 2026 sg 5.apealst13579-26.docx Appellant/Applicant, learned S.P.P. Mr. Chintan Shah, for Respondent No.1/NIA and learned Addl. P.P. Ms. Gauri Rao, for the Respondent/State. 5. Learned S.P.P. Mr. Chintan Shah appearing for the Respondent No.1-NIA specifically submitted that instead of an Interim Application, the Applicant ought to have preferred an appeal under Section 21(4) of the NIA Act. The said Section 21(4) provides for filing of an appeal against the order of the Special Court granting or refusing bail. In the present application, the order dated 4th July, 2026 is challenged. The said order is different from the order dated 6th December, 2024 which is the main order challenged in the pending appeal, i.e. Criminal Appeal (Stamp) No.13579 of 2026. 6. Considering the urgency in the matter, instead of permitting the Applicant to withdraw this application and file a separate appeal, we direct the Registry to convert the Interim Application No.2309 of 2026 in Criminal Appeal (Stamp) No.13579 of 2026 into a separate appeal. It shall be separately numbered. Page 3 of 10 __________________________________________________ 22nd July, 2026 sg 5.apealst13579-26.docx 7. Before referring to the present subject matter of this proceeding, a brief reference can be made to the merits of the matter. We are making it clear that we are not passing any order on the merits of the matter but we are deciding this appeal on humanitarian grounds considering the health status of the Appellant. The allegations against the Appellant who is shown as Accused No.2 in R.C.02/2024/NIA/MUM registered with National Investigating Agency under Section 120B, 201, 323, 342, 347, 370, 371, 384, 420 and 506 of the Indian Penal Code, under Section 24 read with 10 of the Immigration Act; are that the Appellant, along with the Accused No.1 Jerry Jacob, were indulging in running of an Organized Trafficking Syndicate by luring and trafficking Indian youths to foreign countries and forcing them to work in fake call centers. 8. While in custody, the Appellant suffered very serious heart ailment, and therefore, he preferred an application vide Exhibit 91 in Special Case No.1225 of 2024 in the Trial Court for his release for a temporary period. 9. The said application was rejected, and hence, the present __________________________________________________ 22nd July, 2026 sg 5.apealst13579-26.docx Application (to be converted into an Appeal) is filed. In the order dated 4th July, 2026, the learned Judge had reproduced the report of the Chief Medical Officer of Mumbai Central Prison dated 2nd July, 2026. The said report mentions that the Applicant/Appellant had complaints of left-sided chest pain and sweating on 15th June, 2026. His ECG showed ST-T changes and Trop-T was faint weakly positive. He was referred to Sir J.J. Hospital. He was admitted from 15th June, 2026 till 17th June, 2026. He was diagnosed as a case of Acute Coronary Syndrome with Non-ST-Segment Elevation Myocardial Infraction with Ejection Fraction of 60%. His Coronary Angiography was done on 16th June, 2026. It revealed Triple Vessel Disease. He was advised Coronary Artery Bypass Grafting. However, the Appellant was not willing to undergo the procedure, and therefore, he was kept on medication. He was provided adequate assistance from Mumbai Central Prison Hospital. He was advised to consult Medical Officer of Mumbai Central Prison for any complaints. 10. The Trial Court considered his report and the prayer made by the Appellant for his interim bail for three to six months. The Investigating Agency NIA opposed this application. The learned Trial __________________________________________________ 22nd July, 2026 sg 5.apealst13579-26.docx Judge observed that there was a Special Ward for prisoners in Sir J.J. Hospital, Mumbai. The prisoners undergoing medical treatment could remain in that ward for any length of period till they got cured. Considering all these facts and, particularly taking into account the fact that the Jail Authority was prompt and diligent to provide proper medical aid to the Applicant/Accused, the Trial Judge rejected the Appellant’s prayer for interim bail for three or six months. The learned Trial Judge gave directions by observing that the Appellant was entitled to get each and every medical treatment as per the advise of the Chief Medical Officer of the Mumbai Central Prison and the Medical Officer of Sir J.J. Hospital, Mumbai. It was further directed that as and when required, the Appellant was to be provided with medical treatment forthwith at Sir J.J. Hospital or at a proper place/hospital, as per the Rules and as per the health requirement of the Applicant/Accused. 11. Learned Counsel for the Appellant submitted that considering the serious nature of the required surgery, the Appellant was not willing to undergo the surgery at the above hospital, instead he wanted himself to be treated in a private hospital and he wanted to __________________________________________________ 22nd July, 2026 sg 5.apealst13579-26.docx undergo surgery in a private hospital. Learned Counsel, on instructions, stated that his family has already consulted a Surgeon at Karuna Hospital, Borivali, and the Appellant/Applicant would be taking treatment from that hospital and would be undergoing surgery at that hospital as per advise of a private Surgeon attached to Karuna Hospital, Borivali. 12. Learned Addl P.P. submitted that instead of granting interim bail to the Appellant, the same surgery can be performed at Sir J.J. Hospital. Learned Counsel for the NIA submitted that the same treatment is available at Sir J.J. Hospital, and therefore, interim bail cannot be granted to him. 13. We have considered these submissions and the health status of the Appellant. We had called for a fresh report in that behalf. Accordingly, a copy of the report dated 22nd July, 2026 signed by the Head of Department of Sir J.J. Hospital is produced before us. It is taken on record and marked “X” for identification. The report mentions that the Appellant is diagnosed to have Ischemic Heart Disease with Triple Vessel Disease and is receiving treatment for the __________________________________________________ 22nd July, 2026 sg 5.apealst13579-26.docx same. The patient was planned for urgent Coronary Artery Bypass Grafting. The report further mentions that finances were required for the same and the Appellant’s Ration Card and Aadhar Card were called. 14. The report itself shows that the Appellant is in urgent need of Coronary Artery Bypass Grafting which is a major surgery procedure involving the heart. The Appellant's health condition is, thus, serious requiring urgent surgery. Therefore, it is quite reasonable for the Appellant and his family to select a Surgeon of their choice to perform the surgery. Considering that this is a potential life threatening ailment which requires a serious and delicate surgery, we are also of the opinion that the Appellant be permitted to undergo the surgery to be performed by a Surgeon of his choice. Therefore, we are inclined to grant temporary bail to the Appellant on certain conditions. We are inclined to grant bail for a period of three months which would include the period for consultation, actual surgery and post surgery treatment and care. 15. Hence, the following order: __________________________________________________ 22nd July, 2026 sg 5.apealst13579-26.docx ORDER (i) The Appellant is directed to be released on bail for a period of three moths from his actual release on his furnishing P.R. bond in the sum of Rs.25,000/- with one or two sureties. (ii) After his release from prison, he shall surrender to the Prison Authorities at the end of three months period from his actual release. (iii) The Appellant shall inform the Investigating Agency about his actual treatment and details of surgery. He shall also inform the Investigating Agency about the contact numbers and the place where he would be taking treatment and would be residing. (iv) The Investigating Agency is at liberty to send their Officers at those places to verify whether the Appellant is really taking that treatment. (v) The Appellant shall not try to contact any witnesses directly or indirectly. __________________________________________________ 22nd July, 2026 sg 5.apealst13579-26.docx (vi) The passport of the Appellant is already with the Investigating Agency. He shall not try to get another passport and leave the Country. (vii) The Appellant shall not leave the area of Mumbai and Greater Mumbai. (viii) The Investigating Agency is at liberty to seek reports from the Doctors concerned regarding treatment of the Appellant. (ix) The present Appeal/Application is disposed of. It is made clear that the other appeal, i.e. Appeal (Stamp) No.13579 of 2026, along with the connected Interim Application No.2307 of 2026, shall be considered after his surrender in the prison. (ASHISH S. CHAVAN, J.) (SARANG V. KOTWAL, J.) __________________________________________________ 22nd July, 2026