Sachin Alias Vitthal S/O. Balaji Dhade v. The State Of Maharashtra And Another

2024:BHC-AUG:778-DB 17-Criappl-4019-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4019 OF 2023 IN CRIMINAL APEAL/388/2019 Sachin Alias Vitthal S/o. Balaji Dhade ....Applicant

VERSUS

The State Of Maharashtra And Another ....Respondents .....

Mr. Vishal A. Chavan h/f Mr. D. R. Deshmukh, Advocate for Applicant Mr. S. D. Ghayal, Addl. PP for the Respondents/State .....

CORAM

: R.G. AVACHAT & NEERAJ P. DHOTE, JJ.

DATE :15.01.2024 PER COURT :

1.

This is an Application for grant of temporary bail for a period of six months on the ground of health.

2.

We have heard the learned Advocate for the Applicant and the learned Additional P.P. for the Respondents - State. 3.

The Applicant - Appellant has been convicted by the learned Trial Court for the offences punishable under Sections 498-A and 302 of the Indian Penal Code. The Appeal is admitted. The Applicant is behind the bars since beginning i.e. almost for a period of seven years. The report from the Jail Authority and the other papers indicate that the Applicant is suffering from Cancer in his left cheek and he is being provided treatment in the Jail. The Applicant desires to take medical treatment at the Hospital of his choice, at his own expenses.

17-Criappl-4019-2023.odt 4.

Considering the nature of ailment and the period from which he is behind the bars, we are inclined to grant temporary bail for a period of six months. Hence, we proceed to pass the following order:

ORDER

(i) The Application is allowed.

(ii) The Applicant be released on bail on executing PR Bond of Rs.15000/- with one surety in the like amount, subject to the following conditions;

(a) He shall report the concerned Police Station once in the last week of every month between 4:00 pm to 6:00 pm. (b) He shall not change his residential address without intimation to the concerned Police Station.

(c) He shall intimate this Court the name and address of the Hospital, where he would be taking a treatment. 5.

Application is disposed of accordingly.

[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] Sameer