Nikhil Ashok Bhole v. The State Of Maharashtra

1/4 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3 OF 2018 Nikhil Ashok Bhole ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.Pradeep Havnur, i/b Ms.C.A.Salunke, for the Applicant. Ms.P.N.Dabholkar, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 27th APRIL, 2018 P.C. :

1.

Heard learned counsel for the parties.

2.

At the outset, learned counsel for the applicant, does not press this application on merits, however, prays that the applicant be released on temporary bail, for six months, in view of the applicant's medical condition. 3.

The applicant was arrested in connection with C.R.No.65 of 2017, registered with the Chembur Police Station, Mumbai, for the alleged offences punishable under Sections 377 and 506 of the Indian Penal Code

2/4 and under Sections 4 and 8 of Protection of Children from Sexual Offences Act.

4.

Perused the papers as well as the report of the Civil Surgeon, Thane, tendered by the learned APP. The said Report is taken on record and marked 'X' for identification. It appears from the said Report, that the applicant is suffering from Tuberculosis and requires special treatment. The applicant for his condition requires a proper diet and regular monitoring and treatment by a specialised doctor. 5.

Learned APP on instructions does not dispute the fact, that the condition of the applicant is not good and that he is getting regular fever, chest pain coupled with cough.

6.

Having regard to the medical condition of the applicant, the applicant is granted temporary bail for a period of three months, on the following terms and conditions:-

ORDER

i) The Applicant be enlarged on temporary bail, for a period of three

3/4 months, on furnishing P.R. Bond in the sum of Rs.20,000/- with one or two local sureties in the like amount;

ii) The Applicant shall attend the Chembur Police Station, Mumbai, on the first and third Sunday of every month, between 10:00 a.m. to 11:00 a.m, during the said period of three months;

iii) The Applicant shall not tamper with the evidence or attempt to influence/contact the complainant, witnesses or any person concerned with the case;

iv) The Applicant shall not enter the jurisdiction of Chembur Police Station, Mumbai, during the said period of three months, except for the purpose of attending the police station, as mentioned in clause (ii); v) The Applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the trial Court as well as to the concerned Police Station, in writing;

4/4 vi) The Applicant shall co-operate in the conduct of the trial and shall attend the Court on every date;

vii) The Applicant shall surrender on the expiry of three months (to be calculated from the date of his release). Liberty is granted to the applicant to apply, if the need so arises.

7.

The Application is allowed and disposed of in above terms. 8.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)