Babu Mahalappa Bandichode v. The State Of Maharashtra

2024:BHC-AUG:888-DB :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1638 OF 2023 IN CRIMINAL APPEAL NO.142 OF 2022 Babu s/o Mahalappa Bandichode ... APPLICANT

VERSUS

The State of Maharashtra ... RESPONDENT .......

Mr. S.S. Gangakhedkar, Advocate for applicant Mr. S.D. Ghayal, Addl. P.P. for respondent, holding for Ms Namita Sirdeshpande, Advocate holding for Mr. S.B. Rajebhosale, Advocate for informant .......

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE :

16th JANUARY, 2024 O R D E R :

Heard learned counsel for the applicant and learned Addl. P.P. for respondent - State, assisted by learned counsel for the informant.

2.

The applicant, who has been convicted by the learned Additional Sessions Judge, Omerga for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, is behind the bars. His appeal against conviction is admitted and pending for hearing. The applicant is seeking bail on medical

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grounds. The learned counsel for the applicant points out to the reports sent by the concerned Jail. Perusal of the said report shows clinical diagnosis as under :

"Clinical Diagnosis Grade III Haemorroids with multiple anal Fissures managed by Milligan Morgan. Haemorrhoidectory & Right Lateral Sphincterectomy.

3.

It is submitted that, the applicant desires to take proper treatment for his said ailments. It appears that the applicant has undergone surgery in April 2023. The applicant is aged more than 65 years. Considering the age of the applicant and the required treatment for healing, the applicant can be granted temporary bail for his medical treatment at the hospital of his choice. It appears that, the grandson of the applicant would be taking the necessary care. Considering all these aspects, following order is passed :

O R D E R

(i) The applicant/ appellant be released on temporary bail for a period of three months on his executing P.R. bond in the sum of Rs.15,000/- (Rupees fifteen thousand) with one surety in the like amount.

(ii) The applicant shall place on record the periodical medical

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treatment papers before this Court twice a month. (iii) The applicant shall report the concerned Jail on expiry of three months post his release.

(iv) The Criminal Application stands disposed of.

4.

Matter may be kept for report on 29th April 2024. (NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) fmp/-