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Bombay High Court

GODFREY THOMAS ALVARESversusTHE NATIONAL INVESTIGATION AGENCY AND ANR

Decided
Disposal
Disposed Off

Holding

The Court converted the interim application into a separate appeal and granted the appellant temporary bail for three months with conditions, on humanitarian grounds.

Summary

Godfrey Thomas Alvares, accused in an NIA case for organized human trafficking, suffered a serious cardiac ailment while in custody and applied for interim bail, which was rejected by the Special Judge. He filed Interim Application No.2309/2026 challenging the bail denial, arguing that his health required urgent coronary artery bypass surgery, preferably in a private hospital of his choice. The NIA opposed the bail, contending that treatment could be provided in a government hospital. The High Court, considering the appellant's critical health condition and humanitarian grounds, ordered the conversion of the interim application into a separate appeal and granted temporary bail for three months with strict conditions, including surrender after the period and reporting to the investigating agency. The court also directed that the main appeal (Criminal Appeal (Stamp) No.13579/2026) and related interim application on condonation of delay remain pending for later consideration.

Issues considered

  • Whether an interim application challenging a bail denial can be converted into a separate appeal under the NIA Act.
  • Whether bail should be granted on humanitarian grounds given the appellant's serious cardiac condition.
  • Whether the appellant may undergo surgery in a private hospital of his choice while on bail.

Legislation cited

Subjects

  • bail
  • interim application
  • conversion of application
  • humanitarian bail
  • NIA
  • organized trafficking
  • cardiac surgery
  • Coronary Artery Bypass Grafting
  • Section 21(4) NIA Act
  • health grounds

Judgment

SMITA       Digitally signed by SMITA
            JOHNSON GONSALVES
JOHNSON     Date: 2026.07.23
GONSALVES   15:31:51 +0530




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                                        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.


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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

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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 4 th July, 2026

is challenged. The said order is different from the order dated 6 th

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.




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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

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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 2 nd July,

2026.     The said report mentions that the Applicant/Appellant had

complaints of left-sided chest pain and sweating on 15 th 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 15 th 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

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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

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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 22 nd 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

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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:

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                                              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.




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          (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.)




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