Santosh Jadhav v. The State Of Maharashtra

spb/ 920appp577-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. MISC. APPLICATION NO. 577 OF 2016 IN CRI. BAIL APPLICATION NO. 1234 OF 2016 Santosh Jadhav ... Applicant.

V/s.

The State of Maharashtra ... Respondent.

--- Mr. Abhishek Yende, Advocate for the Applicant. Mr. S. S. Pednekar, A.P.P. for the Respondent - State. --- CORAM : A. M. BADAR, J.

DATE : 29th JULY, 2016 P.C. :

Heard the learned counsel for the applicant as well as the learned APP for the State.

Considering the medical urgency and need of the applicant/accused, he was released on temporary bail for the period from 28.06.2016 to 28.07.2016 vide order dated 28th June, 2016 passed in criminal bail application no. 1234 of 2016. By drawing my attention to the OPD case papers of the Hospital of Dr. Sunil Thakur dated 06.07.2016, the learned counsel for the applicant submitted that the applicant is suffering from cerebral atrophy and he needs some more time to surrender in custody before the prisoner authority. Learned APP opposed the application by contending that initially temporary bail was sought for the Borey 1/2

spb/ 920appp577-16.doc reason that the applicant had undergone hip replacement surgery and facility of commode is not available at the central prison. According to learned APP now another new ground is placed in service for extending temporary bail. It is seen that the applicant is suffering from ailment relating to the brain and the request for further extension by two weeks to surrender is reasonable. Therefore, the order :

i. Criminal Miscelleneous Application No. 577 of 2016 in Criminal Bail Application No. 1234 of 2016 is allowed.

ii. The applicant is permitted to surrender himself before the Prison Authority on 13th August, 2016. His temporary bail is extended till that period on the same terms and conditions imposed in criminal bail application no 1234 of 2016 decided on 28.06.2016.

iii. The application is disposed of.

Parties concerned to act upon an authenticated copy of this order duly issued by the registry. (A. M. BADAR, J.) Borey 2/2