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Shah was not brought to the court as he has been undergoing treatment in a private hospital since July 10. He has urged for bail on medical grounds. His bail plea, on merits, has been rejected on six occasions earlier.
Urging for Shah's liberty on health ground, eminent criminal lawyer V R Manohar harped on Section 437 of Criminal Procedure Code, which allows bail in case of a sick accused.
Opposing it, Public Prosecutor Rohini Salian argued that Shah was being tried under Maharashtra Control of Organised Crime Act (MCOCA) and Section 21 thereof imposes a ban on bail.
MCOCA had an overriding effect over other acts, she argued.
The prosecutor referred to medical report of November 6 submitted by a panel of doctors appointed by the court to supervise Shah's condition.
This report, she said, suggested that Shah would be in a position to attend the court by November end. This period had already expired, she pointed out.
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