Ajit Bhagwan Tiwade v. The State Of Maharashtra

Vishal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.670 OF 2015 IN BAIL APPLICATION NO.834 OF 2015 Ajit Bhagwan Tiwade ... Applicant vs.

The State of Maharashtra ... Respondent Ms. Harjeet Kaur a/w Mr. A.S. Anand Singh, for the Applicant. Mr. Arfan Sait, APP for the Respondent-State. IO. Mr. S.S. Patil (PSI), Rajarampuri police station, Kolhapur present.

CORAM:

MRS.MRIDULA BHATKAR, J.

DATE:

AUGUST 14, 2015 P.C.:

.

Pursuant to the order passed by this Court on 29th July, 2015 the application is moved for the temporary bail for seven days without police escort.

2.

The learned counsel for the applicant/accused submits that it is not possible for the applicant/accused to pay for the police escort and he needs time for his heart surgery and the post operation care. He submits that the applicant/accused needs minimum 26 days including the travelling time.

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3.

The learned prosecutor opposed the application of the applicant/accused for temporary bail without police escort. The learned prosecutor submits that already eight cases are pending against the applicant including the M.C.O.C. case. He further submitted that the Government of Maharashtra, as directed by this Court has sanctioned Rs. 1,50,000/- and already that amount is deposited with the Superintendent of the Aurther Road Jail for the operation of the applicant/accused at J.J. Hospital. 4.

Considering the submissions made by both the parties and taking into account the health emergency of the applicant/accused, in continuation of the order passed by this Court dated 29th July, 2015, the following order is passed:

a) The applicant/accused is hereby released on temporary bail from 21st August, 2015 to 14th September, 2015 and he shall report Yerwada Central Prison, Pune on 14th September, 2015. It is a temporary bail with police escort.

b) The temporary bail is granted subject to the applicant/accused shall deposit the expenditure/charges 2 / 3

of the police escort with the authority of Aurther Road Jail on or before 20th August, 2015.

c) The police escort shall bring back the applicant/ accused to Yerwada Central Prison on 14th September, 2015.

d) In the alternative, if the applicant/accused failed to deposit the amount for police escort in the aforesaid period, then as per the medical requirement and the opinion of the medical officer and as per the consent of the applicant/accused, he can be operated at J. J. Hospital, as already the State has made the arrangement of the funds.

5.

The Registry is requested to send the copy of this order immediately to the Director General of Prison, Pune, the Superintendent, Aurther Road Jail, Mumbai and to the Superintendent, Yerwada Central Jail, Pune.

6.

In view of the above, the application stands disposed of. (MRS.MRIDULA BHATKAR, J.) 3 / 3