Anita Deepak Salve v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2033 OF 2015 Mrs. Anita Deepak Salve ..Applicant -VersusState of Maharashtra & Anr.

..Respondent Mr. Sandeep D. Sherkhane for applicant Ms. P.P.Shinde, APP for State.

CORAM

:

A.S.GADKARI, J.

DATE :

22nd December 2015.

P.C.

1] The applicant is seeking bail in C.R.No.3 of 2014 originally registered with Aarey Police station under sections 342, 363, 452 and 120(B) of IPC and subsequently transferred for investigation to DCB, CID Unit XII and renumbered as C.R.No.59 of 2015.

2] In order dated 17th November 2015, it was specifically observed that the applicant is seeking bail only on humanitarian ground as her child (baby boy) aged about 10 months is suffering from various ailments such as epilepsy. In view of the

observations, medical report was called for from the Byculla Distrtict Central Prison. Today the learned APP has produced the medical report dated 22nd December 2015 of Master Kunal, aged 17 months. The said report is taken on record and marked "X" for identification. 3] The medical report states that the applicant is accompanied with the child and it further narrates the various ailments with which the child of applicant is suffering from. The child is at present treated at Government hospital. The medical report states that the male child named Kunal, is 17 months old baby. The baby is known case hypoxic ischoemic encephalopathy Stage II with Spastic Cerebral Palsy with Seizure disorder with Spastic Quadri paresis. It is further stated in the report that the child has history of not cried immediately after birth and had convulsion at day 1 of birth and was admitted in paediatric ICU for 20 days for perinatal birth asphyxia at some private hospital (as per available paper). At present the child is under treatment at JJ hospital for above ailments.

The child has also MRCP (Mental Retardation and Cerebral Palsy) with global development delay with seizure disorder

and spasticity. Child has partial neckholding, sitting and standing with support and monosylabus speech, power in all four limbs is 3/5 (less) and tone is hypertonic.

Child is given physiotherapy at JJ hospital in addition to other treatment.

4] The learned Counsel for the applicant submitted that the applicant is not satisfied with the medical treatment being provided at the cost of Government and she wishes to provide better medical aid to her child so that the child will survive in a better manner. 5] After taking into consideration the medical condition of the child of the applicant, I am inclined to release the applicant on bail only on humanitarian ground. It is made clear that this court has not taken into consideration or dealt with the merits of the present case. The applicant is being released on bail only with a view to pursue the medical treatment of her child who is suffering from various ailments stated in the medical report dated 22nd December 2015. Hence, following order:-

(I) The applicant be released on bail in C.R.No.3 of 2014 registered with Aarey police station, Mumbai culminated in Sessions Case No.671 of 2015 registered with DCB, CID XII on her furnishing P.R.Bond of Rs.25,000/- with one or two local solvent sureties in the like amount;

(ii) The applicant shall report to Aarey police station on first Monday of every month between 10.00 a.m. and 12.00 noon till the conclusion of trial;

(iii) The applicant shall also attend all the dates in the trial court. (iv) The applicant shall not tamper with and/or influence the prosecution witnesses;

(v) Applicant is disposed of accordingly.

(A.S.GADKARI, J)