Rajendra S/O Babaji Bhor v. The State Of Maharashtra And ANR

Cri. Appln. No. 4250/2016

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 907 CRIMINAL APPLICATION NO. 4250 OF 2016 RAJENDRA S/O BABAJI BHOR

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicant : Jayabhar Dattatraya R. APP for Respondent : A.P. Basarkar ...

CORAM : T.V. NALAWADE, J.

DATED : 30th August, 2016.

ORDER :

1.

Application is filed for bail. Both the sides are heard. 2.

During arguments, the learned counsel for applicant submitted that applicant is suffering from severe pain as he has kidney stone. Some record is produced in that regard. In view of the submissions made by the learned APP that the case is closed and it is kept for pronouncement of decision, this Court had expressed that this Court is not inclined to grant bail or even temporary bail to the applicant considering the possibility that applicant may abscond. The learned counsel for applicant submitted that he only wants to take medical treatment. 3.

Last time, it was made clear that the Court may not allow the applicant to go to any other station than Ahmednagar

Cri. Appln. No. 4250/2016 and in view of this circumstance, the learned counsel for applicant submitted that applicant is ex-serviceman and there is possibility that Military Hospital situated in Ahmednagar may give treatment to him.

4.

If Military Hospital is ready to give treatment and it is permissible as per their rules, the applicant is allowed to receive the treatment in Military Hospital, but bail is not granted to him. With escort of police, he is to be taken to the Military Hospital and he is not allowed to leave the hospital and even in Military camp, the police constables escorting will remain there in the Military camp so that he is not able to abscond. In advance, the applicant is to deposit the cost of conveyance and also the escort with the police station. Only after depositing this amount, he can be removed from the jail. Prior to removing applicant from the jail it is to be ascertained that Military Hospital is ready to give him treatment and in case, Hospital asks to deposit the amount, applicant should deposit the said amount in advance. 5.

In those terms, the application is disposed of. [ T.V. NALAWADE, J. ] ssc/