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Bombay High CourtAPPA/1509/2017

Santosh Jayvant Jadhav v. The State Of Maharashtra

2017-11-13Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi,Hon'Ble Shri Justice Ranjit More.3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1509 OF 2017.

IN CRIMINAL APPEAL NO.318 OF 2017 Santosh Jayvant Jadhav ...

Applicant V/s.

The State of Maharashtra ...

Respondent.

Mr. G. K. Gole, for the Applicant.

Mr. A. R. Kapadnis, APP for the Respondent State. CORAM : RANJIT MORE & DR.SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 13th NOVEMBER, 2017.

P.C. :

1] Heard learned counsel Mr. Ganesh Gole, for the applicant and learned APP for the State.

2] Application is filed for extension of time of temporary bail granted earlier to the applicant.

3] The applicant is a life convict. The application is filed during pendency of the appeal.

4] By the order dated 10th August, 2017, we granted temporary bail to the applicant for a period of three months, on 1/3

humanitarian ground. Paragraph No.5 of the said reads thus :- "5.

The learned APP accordingly has placed on record the report dated 3/8/2017 of Chief Medical Officer, Nashik Road Central Prison. The report shows that the applicant was already suffering from HIV and was registered at ART Centre, Civil Jhospital Nashik. The report further reveals that the applicant was taking Antiretroviral Therapy (ART) for the said disease. The report also shows that the applicant had undergone hip transplant surgery at Soham Hospital (Private) as per the order of Sessions Court at Niphad (Nashik). The report further shows that at present the applicant is complaining of pain at operative site, unable to walk properly unable to sit down and general weakness. The applicant is also taking treatment of Antiretroviral disease (HIV) with symptomatic treatment at Jail Hospital as advised by Specialist".

5] Mr. Gole, learned counsel submits that at present the petitioner is admitted in the Civil Hospital at Nashik. Apart from this, he was also admitted in General Hospital during the period from 2.11.2017 to 9.11.2017.

6] Mr. Kapadnis, learned APP, having taken instructions, does not dispute the facts stated hereinabove. 7] In that view of the matter, we extend the temporary bail granted to applicant, for further period of one month from 13th 2/3

November, 2017, on the same terms and conditions. 8] Application is disposed off accordingly.

[DR.SHALINI PHANSALKAR-JOSHI, J.] [RANJIT MORE, J.] 3/3