Saurabh Baban Khopade v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.249 OF 2018 Saurabh Baban Khopade ...Applicant

Versus

State of Maharashtra

...Respondent

Mr.V.K.Rathod, for the Applicant.

Mr.A.A.Palkar, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 9th APRIL, 2018 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the Applicant seeks temporary bail for a period of 3 months.

3.

Learned APP states that the trial has commenced and that the first witness is in the witness box and is facing cross examination. He states that it is the applicant's advocate who is delaying the trial and not the prosecution and that about 7 to 8 more witnesses are to be examined. Learned APP has also tendered the Prisoner's Medical Report dated 1st

2/3 April, 2018, issued by the Chief Medical Officer, Taloja Central Prison, Navi Mumbai. The said report is taken on record. A perusal of the said report shows that the applicant has been diagnosed with Sputum Positive Pulmonary Tuberculosis with AKT induced Hepatitis. It appears that the J.J Hospital have noted in their findings (2017), that 'the patient improved clinically and symptomatically and was maintaining O2 saturation on room air'. It is also mentioned that at present, his general health condition is haemodynamically stable.

4.

Considering the fact that trial has commenced, trial of the applicant is expedited. The learned Judge to conclude the trial as expeditiously as possible and preferably within 2 months, from the date of receipt of this order.

5.

The Chief Medical Officer, Taloja Central Prison, Navi Mumbai, to continue to give proper and adequate treatment to the applicant, who is suffering from Pulmonary Tuberculosis. The applicant shall also be given special diet, as is required to be given to such a person. The applicant shall also be taken to the J.J Hospital, as and when required, for his

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6.

Application is accordingly disposed of on the aforesaid terms 7.

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