Babu @ Baburao Gopal Kamble v. The State Of Maharashtra

11-BA.1477.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1477 OF 2022 Babu @ Baburao Gopal Kamble ..Applicant Vs.

The State of Maharashtra ..Respondent ---- Mr.G.R.Syed, Advocate for applicant Mr.S.P.Sonpavale, APP for respondent, assisted by Mr.Ram Shinde, Advocate for respondent ---- CORAM : R.G. AVACHAT, J.

DATE : OCTOBER 06, 2022 ORDER :- This is an application under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.0033 of 2022 registered with Udgir-Rural Police Station, Dist.Latur.

2.

The medical status of the applicant was solicited. Clause 13 of the medical report reads :- "

Further investigation and surgical intervention for left renal cell carcinoma."

11-BA.1477 Clause 16 of the report speaks of opinion of the Medical Officer, reads as under:- "

The patient is suffering from H.T.N. with left renal cell carcinoma with BL uncomplicated inguinal Hernia with depression with anorexia. His general condition is deteriorating."

3.

What can be gathered from the afore-mentioned observations in the medical report, is that the health of the applicant is deteriorating. He is required surgical intervention. According to the applicant, he is 75 years of age, whereas, learned counsel for the informant submits that he is 68 years of age. 4.

Learned counsel for the applicant submits that the applicant will take medical treatment at Vishwakarma Hospital (Dr.Chole), Udgir.

5.

Taking the applicant to be 68 years of age and considering the afore-stated medical requirement, the Court is inclined to grant the applicant temporary bail for a period of four months.

11-BA.1477 6.

Hence, the following order:- (i) The applicant be released on temporary bail for a period of four months from the date of his release, in connection with Crime No.0033 of 2022 registered with Udgir-Rural Police Station, Dist.Latur, on 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 not enter village Lohara, Tq. Udgir, Dist. Latur, during the bail period of four months. (iii) On completion of the period of temporary bail of four months, the applicant shall surrender to the concerned jail authority, immediately.

(iv) The application stands disposed of accordingly. [R.G. AVACHAT, J.] KBP