Bharat Bhagwan Patil v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1661 OF 2021 IN INTERIM APPLICATION NO.1465 OF 2021 WITH INTERIM APPLICATION (St) NO.9491 OF 2021 IN BAIL APPLICATION NO.1919 OF 2021 Bharat Bhagwan Patil Applicant versus The State of Maharashtra Respondent Mr.Suresh M. Sabrad for applicant in IA No.1661/2021. Mr.R.D.Suryawanshi for applicant in IA (St).9491/2021. Mr.S.S.Pednekar, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 28th June 2021 PC :

1.

Not on board. Papers are allowed to be produced after matter is mentioned. Taken on board.

2.

Interim Application No.1661 of 2021 is filed for extension of temporary bail granted to the applicant on medical ground. Vide order dated 4th June 2021 the applicant was directed to be released on bail for a period of 21 days. Learned advocate for applicant refers to medical report dated 1st Jun 2021 issued by Medical Officer, ClassI, Kalyan District Prison and certificate issued by private hospital dated 25th June 2021 stating that as he had undergone surgery the applicant requires urgent admission for Meshplasto + bone cement + exploration of scrap flat and fitting of bone to be done in hospital.

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Learned APP opposed the prayer. Learned counsel for intervenor/complainant opposed the extension of bail granted to the applicant. The observations of this Court in paragraph 8 of the order dated 4th June 2021 were brought to my notice wherein it was observed that the applicant shall not resort himself to admit in hospital on 20th day of the temporary bail and apply for extension of bail. The submissions of learned counsel for applicant were also recorded that the applicant shall surrender to the jail authorities and shall not seek extension of temporary bail under any circumstances. The statement was accepted as an undertaking to this Court. 4.

While granting temporary bail this Court had considered report dated 1st June 2021. In view of the observations made in order dated 4th June 2021, undertaking given to this Court and the documents on record, no case for grant of extension of bail is made out. At this stage learned counsel for applicant also submitted that his application for bail on merits is pending before this Court. The said application may be heard expeditiously on 30th June 2021. 5.

In view of order dated 4th June 2021, the applicant is required to surrender before jail authorities on 30th June 2021. Interim Application No.1661 of 2021 stands rejected. The jail authorities shall provide all requisite medical facilities to the applicant. List the Bail Application No.1919 of 2021 on 16th July 2021. (PRAKASH D. NAIK, J.) MST