Siddharth S/O Tulshiram Rajbhoj v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 6 BAIL APPLICATION NO.979 OF 2023 SIDDHARTH S/O TULSHIRAM RAJBHOJ

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Gangakhedkar Shailendra S. APP for Respondent-State : Mr. S. B. Narwade. ...

CORAM : S. G. MEHARE, J.

DATE : 31.07.2023 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned APP for the respondent-State.

2.

The applicant is seeking bail on the ground of health in Crime No.60 of 2022, registered with Vazirabad Police Station, District Nanded, for the offence punishable under Sections 302, 307, 143, 147, 148, 149, 504, 506 of the IPC read with Section 4/25 of the Arms Act.

3.

The recent opinion of the Medical Board of the Government Medical College and Hospital, Vishnupuri, Nanded about health of the applicant has been received. It has been filed that the applicant requires the continuous medical treatment. He is suffering from Acute Gastritis with

Accelerated Hypertension with Ischaemic Heart Disease and Depressive disorder. That needs regular medication and regular follow up with Physician and Psychiatrist. Though it has been opined that the attendant is not required, but he has to continue the treatment regularly as advised for better recovery. Learned counsel for the applicant would submit that the applicant was admitted to the hospital and yesterday he has been discharged. He has been instructed that he had blood vomiting. Considering the overall situation, the Court is of the view that for the continuous and better treatment, the temporary bail for six months may serve the purpose and his health may be assessed after the opinion of the doctor. Hence, instead of granting him regular bail, he may be granted temporary bail. Hence, the following order :

O R D E R

(i) Bail Application stands disposed of on the following terms :

(ii) Applicant SIDDHARTH S/O TULSHIRAM RAJBHOJ be released on temporary bail for six (6) months from the date of his release for medical treatment on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with

one solvent surety of like amount, in Crime No.60 of 2022, registered with Vazirabad Police Station, District Nanded, for the offence punishable under Sections 302, 307, 143, 147, 148, 149, 504 and 506 of the IPC read with Section 4/25 of the Arms Act, on the following conditions :

(a) During his medical treatment, the applicant shall keep the Investigating Officer informing once in a month about his residence.

(b) After six (6) months, he shall surrender before the Sessions Court. If the Sessions Court would be satisfied that he needs further medical treatment, the Sessions Court may extend the period of his surrender for a period of further six (6) months and if no extension is granted, he may approach this Court for bail on the same ground.

(S. G. MEHARE, J.) ...

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