← Library
Bombay High CourtBA/1030/2024application allowed

Tulshiram Laxman Garade v. The State Of Maharashtra

2024-06-28Hon'Ble Shri Justice S. G. Mehare2 pages

918-BA-1030-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1030 OF 2024 TULSHIRAM LAXMAN GARADE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. D. S. Ingole holding for Mr. Nilesh S. Ghanekar APP for Respondent : Mr. S. D. Ghayal ...

CORAM : S. G. MEHARE, J.

DATE : 28-06-2024 PER COURT :- 1.

Heard the learned counsel for the applicant.

2.

Issue notice to the respondent.

3.

Learned A.P.P. waives service of notice for the respondent. 4.

The applicant seeks bail in C.R.No.0034 of 2024 registered with Waluj Police Station, Aurangabad, for the offences punishable under Section 5 of the Medical Termination of Pregnancy Act, 1971 and Sections 23, 25, 3(a) of Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994.

5.

The applicant seeks temporary bail for treatment of paralysis at his cost in the hospital of his choice. To ascertain the health condition of the applicant, the report was called from the Jail authority and the Government Medical Officer. The said report

918-BA-1030-24.odt reveals that the applicant is suffering from paralysis and he is required nursing care and physiotherapy treatment. For such medical emergency, the personal assistance is necessary. On health ground, the applicant deserves temporary bail. Hence, the order :-

ORDER

i) The application is partly allowed.

ii) Applicant Tulshiram Laxman Garade be released on bail, for six months from the date of his release, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in the above crime for the aforesaid offences, on the conditions that;

(a) He shall attend the trial on each and every date as it is possible for him.

(b) He shall not tamper with the prosecution witnesses. iii) After six months, he shall report the trial Court about his health.

iv) If he recovers, he shall be taken into custody without reference to this Court, if the trial is not concluded, within above period.

( S. G. MEHARE ) JUDGE rrd