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Bombay High CourtBA/1561/2022dismissed

Babasaheb Ramchandra Karande v. The State Of Maharashtra

2022-11-24Hon'Ble Shri Justice S. G. Mehare3 pages

1 925-BA.1557-22 & ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 BAIL APPLICATION NO.1557 OF 2022 BABASAHEB RAMCHANDRA KARANDE

VERSUS

THE STATE OF MAHARASHTRA AND 926 BAIL APPLICATION NO.1558 OF 2022 BABASAHEB RAMCHANDRA KARANDE

VERSUS

THE STATE OF MAHARASHTRA AND 927 BAIL APPLICATION NO.1559 OF 2022 BABASAHEB RAMCHANDRA KARANDE

VERSUS

THE STATE OF MAHARASHTRA AND 928 BAIL APPLICATION NO.1561 OF 2022 BABASAHEB RAMCHANDRA KARANDE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Narwade Narayan B. APP for Respondent-State : Mr. S. B. Narwade. ...

CORAM : S. G. MEHARE, J.

DATE : 24.11.2022 PER COURT :- 1.

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

2 925-BA.1557-22 & ors.odt 2.

The applicant is seeking bail in all applications for different crimes on the sole ground that he is not well and is taking regular treatment.

3. Learned counsel for the applicant would submit that the other co-accused have been released on bail for the same reason. He has placed on record the orders of this Court and the Hon'ble Supreme Court. He also argued that considering the health of the applicant, he may be granted bail. 4.

Learned APP has strongly opposed the applications. He would submit that the health of every person defers. The applicant has no such health that he requires any medical attendant. The allegations against him are serious. His earlier bail applications were rejected on merits. Hence, he has no case for bail.

5.

The applicant is languishing in jail. He had complaints of physical ailments. Hence, the Chief Medical Officer, Ahmednagar, Region-2 had submitted the report that the health of the applicant was not so well and satisfactory in view of his age. Since the concrete opinion as regards the need of care taker was not expressed, the applicant was sent before the Medical Board at Civil Hospital at Ahmednagar and concrete

3 925-BA.1557-22 & ors.odt opinion "whether the applicant requires medical treatment, which was not available in the jail and the Jail Authority cannot take his care", was called. The Jail Authority produced the applicant's medical report. The Medical Board examined the applicant. The Medical Board has specifically expressed the opinion that the applicant can be treated in jail at Ahmednagar and as and when required admission, he can be treated at Civil Hospital, Ahmednagar. Considering the report of the Medical Board, it is clear that the applicant does not need a medication out of the jail and a care taker to look after his health. Hence, it can be easily inferred that the applicant has no serious physical ailment to grant the bail. The facts of the cases, in which, the bail granted on the health ground were different. Hence, the parity cannot be granted. 6.

For the above reasons, all bail applications stand dismissed.

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

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