Dr. Purushottam S/O Dumanji Dhakate v. The State Of Maharashtra, Through Pso Mouda Police Station

1 ba337.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (BA) No. 337 of 2018 Dr Purushottam v. State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Avinash Gupta, Senior Advocate and Shri Aakash Gupta, Advocate with him for applicant Shri A. V. Palshikar, APP for respondent-State CORAM : S. B. Shukre, J DATE : 11.4.2018 Heard. Perused reply of the prosecution and the medical papers.

The medical advice that is given by Dr Uday Mahorkar, cardiologist is that this applicant should undergo coronary bypass surgery as early as possible. The certificate issued by the cardiologist is dated 29th March 2018. Now, the investigation is over as the charge-sheet has been filed. In view of the ailment of the applicant, date of certificate and nature of liberty already given by this Court to the applicant, which did not require of him to first go to the Sessions Court, I am inclined to entertain and decide this application even though the applicant has not approached the Sessions Court.

Considering the health condition of the applicant and also the fact that the charge-sheet has been filed, I am of the view that this application deserves to be allowed. Application is allowed. It is directed that the applicant be released on bail in Crime No. 54/2018 registered with Police Station, Mouda for the offences punishable under Sections 376 (1) and 354A of the Indian Penal Code on his

2 ba337.18 furnishing PR Bond of Rs. 30,000/- together with one solvent surety in the like sum, on the following conditions: (1) Applicant shall regularly attend the trial Court on all dates of hearing as may be fixed in the trial. Liberty is, however, granted to the applicant to seek for exemption from personal attendance on health issue.

(2) Applicant shall cooperate with the trial Court in expeditious disposal of the case.

(3) Applicant shall not tamper with prosecution witnesses in any manner.

Disposed of.

JUDGE joshi