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Bombay High CourtIA/64/2021allowed

Pullikal Krushnan Prasannan v. The State Of Maharashtra

2021-01-14Hon'Ble Justice Revati Mohite Dere3 pages

Digitally signed by Shagufta Q.

Pathan Date:

2021.01.15 17:02:49 +0530 Shagufta Q.

Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 64 OF 2021 IN CRIMINAL BAIL APPLICATION NO. 1394 OF 2020 IN CRIMINAL APPEAL NO. 1290 OF 2019 Pulliklal Krushnan Prasannan ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms. Anjali Patil for the Applicant Ms. S. V. Sonawane, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

THURSDAY, 14 th JANUARY 2021 P.C. :

Heard learned counsel for the parties.

By this application, the applicant seeks extension of temporary bail by a period of 60 days in connection with C.R. No. 4 of 2015 registered with the Tilak Nagar Police Station, Mumbai.

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Perused the papers. Vide order dated 14th October 2020, this Court (Coram : Prakash D. Naik, J.) had suspended the sentence of imprisonment of the applicant for a period of three months, having regard to the medical condition of the applicant. This Court, having regard to the fact that the applicant is suffering from diabetes for 13 years i.e. his high blood sugar and that he is a high risk patient, released the applicant on temporary bail, in order to enable him to take appropriate treatment for his uncontrolled diabetes. The operative part of the said order dated 14th October 2020 is reproduced hereinunder :

"(i) The sentence of imprisonment awarded by Special Judge POCSO Act in POSCO Special Case No.119 of 2015, is suspended for a period of three months from the date of actual release and the applicant is directed t be released on bail on executing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;

(ii) The applicant is permitted to furnish cash security in the sum of Rs.25,000/-, in lieu of surety, for a period of four weeks;

(iii) Applicant shall surrender before completing the period of three months from the actual release before the jail authority where he has been detained;

(iv) Applicant shall report Tilak Nagar Police Station, once in a month on any day between 11:00 a.m. to 01:00 p.m.; (v) Interim application stands disposed of accordingly." 2/3

Learned counsel for the applicant submits that the applicant is undergoing treatment for his severe diabetes and is required to regularly visit doctors and has been advised strict diet which is not possible in jail. Learned counsel has relied on the medical reports dated 28th December 2020 and 2nd January 2021 in support of the submission that the applicant is suffering from severe diabetes.

Having regard to the aforesaid and the Covid pandemic, the application is allowed and the temporary bail granted by this Court vide order dated 14th October 2020 is continued for a period of 30 days from 14th January 2021 on the same terms and conditions as mentioned in the order dated 14th October 2020.

Application is allowed and disposed of on the aforesaid terms. by the Senior Private Secretary of this Court. REVATI MOHITE DERE, J.

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