Shivprasad Balgovind Kesari @ Kesari v. The State Of Maharashtra

Prod1BA1851_2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Vidya Amin BAIL APPLICATION NO. 1851 OF 2015 Shivprasad Balgovind Kesari @ Kesari ... Applicant Vs.

The State of Maharashtra ...

Respondent Mr. Prashant Gurav, Advocate for the applicant. Mrs. Rutuja Ambekar, APP for the State.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 31st March, 2016.

P.C.:

Not on board. Upon mentioning, taken on board. 2.

The Application is moved by the applicant for temporary bail for treatment of dental problem. The applicant/accused is facing charges under section 302 r/w. 34 of the Indian Penal Code. The matter is pending before the learned Sessions Judge, Dindoshi, Mumbai. 3.

The learned counsel for the applicant submitted that the applicant/accused is not given proper treatment in the Government hospital for his dental problem. He is only given a pain killer. 4.

Learned APP while opposing this Application has submitted that on number of occasions, i.e., from July 2015 to November, 2015, the applicant 1 / 2

Prod1BA1851_2015.doc was taken to St. George Hospital and produced the report. 5.

I have perused the earlier orders. It appears that by the order dated 1st August, 2014, the applicant/accused was released on temporary bail as his wife was suffering from cancer. Secondly, on 30th October, 2014 he was released on temporary bail for same reason. In the Government Hospital a good dental treatment is available so this is not a ground to grant temporary bail. The Application is rejected with following directions to the Jail as well as Hospital Authorities:

(i) Superintendent of Thane prison is hereby directed to send the accused for his dental treatment in the month of April, May and June whenever he is called by the Dental Surgeon of the Hospital. Initially, he is to be taken to Thane Civil Hospital and thereafter he is to be sent to St. George Hospital. No excuse of escort is to be given.

(ii) The Superintendent of Thane prison is directed to submit the report before the Sessions Court, Dindoshi.

(MRIDULA BHATKAR, J.) 2 / 2