Rupali Uttam Khedekar @ Rupali Balasaheb Borkar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2220 OF 2015 Rupali Uttam Khedekar @ Rupali Balasaheb Borkar ...

Applicant Vs.

The State of Maharashtra ...

Respondent Mr. V.V. Purwant, Adv. for the applicant.

Mr. D.P. Adsule, APP for the State.

Mr. Bhalchandra S. Shinde, Adv. for the Original complainant. CORAM : SMT ANUJA PRABHUDESSAI, J.

DATE : 29 th February, 2016.

P.C. :

1.

This is an application for bail filed by the aforesaid applicant who is facing trial in Sessions Case No.734 of 2014 pending before the Sessions Court, Pune. The said case arises from Crime No.259 of 2014 registered at Lonikalbhor Police Station for the offence punishable under Section 302 of the IPC. 2.

The aforesaid crime was registered pursuant to the FIR lodged by Vishnu B. Bhosale. The allegations against the applicant are that on 14th July, 2014 at about 12.30 pm the applicant had committed murder of Usha Bhosale. The bail application No.106 of 2015 was dismissed as withdrawn by order dated 1st July, 2015

passed by this Court.

3.

Mr. Purwant, the learned counsel for the applicant has submitted that the present application has been filed mainly on medical grounds, which have been spelt out in the application filed before the Sessions Judge. He claims that the applicant is entitled for bail in view of her medical ailments.

4.

Mr. Adsule, the learned APP for the State has submitted that the medical ailments specified in the application do not justify grant of bail.

5.

I have perused the records and considered the submissions advanced by the learned counsels for the respective parties. The applicant herein is facing trial for the offence punishable under Section 302 of IPC. The contention of the applicant is that she is suffering from piles, as such she should be released on bail. The said medical ailment is not grave or serious, which cannot be treated through jail. In my considered view, the nature of the sickness as spelt in ground 'a' and 'b' does not justify grant of bail.

6.

Hence the application for bail is dismissed with direction to the Superintendent of Jail, to provide necessary treatment to the applicant as and when required.

( ANUJA PRABHUDESSAI, J. )