Kamal Chakrapani Sharma v. The State Of Maharashtra

5.APPA1153_2016.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1153 OF 2016 IN CRIMINAL APPEAL NO. 1242 OF 2011 Kamal Chakrapani Sharma ... Applicant Vs.

The State of Maharashtra ... Respondent Mr. Ashish Sawant i/b. Mr. M.S. Mohite, Advocate for the applicant. Mr. Arfan Sait, APP for the respondent/State.

CORAM:

SMT. V.K. TAHILRAMANI & MRS.MRIDULA BHATKAR, JJ.

DATE :

OCTOBER 6, 2016 P.C.:

Heard both sides.

2.

The applicant is seeking temporary bail on medical ground. The medical ground is that the applicant is suffering from fissures in anus and has been adviced to undergo surgery. This certificate has been verified by the police authorities and it is found to be genuine. The latest health report of the applicant along with other annexure like nominal roll of the applicant is taken on record and marked 'X' colly. for identification. Learned APP states that at present, the condition of the applicant is stable. The medical certificate of the Medical Officer of Kolhapur Central Prison shows that though his condition is stable, it is a known case of intermittent PR bleeding and pain in rectum and he is suffering from fissure in Anus. 1 / 2

5.APPA1153_2016.doc 3.

The jail record of the applicant shows that the applicant was earlier released on parole on two occasions and on both the occasions, the applicant reported back in time to the prison. Looking to this fact and the fact that the applicant requires surgery, we are inclined to grant temporary bail to the applicant for a period of one month on furnishing one or two sureties to make up the sum of Rs.30,000/-.

4.

Application is allowed in above terms.

(MRIDULA BHATKAR, J.) (V.K. TAHILRAMANI, J.) 2 / 2