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Bombay High CourtIA/3167/2025allowed

Jitendra @ Pradip Dilip Tayade v. The State Of Maharashtra

2025-09-26Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Justice Sharmila U. Deshmukh3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR TALLE SHUBHAM ASHOKRAO CRIMINAL APPELLATE JURISDICTION TALLE SHUBHAM ASHOKRAO Date: 2025.09.26 15:00:43 +0530 INTERIM APPLICATION NO. 3167 OF 2025 IN CRIMINAL APPEAL NO. 946 OF 2019 Jitendra @ Pradip Dilip Tayade ... Applicant (Org. Appellant)

Versus

The State of Maharashtra ... Respondent ------ Mr. Pratik Jadhav for the Applicant.

Mr. A. A. Naik, APP for the Respondent-State. ------ Coram : M. S. Karnik & Sharmila U. Deshmukh, JJ.

Date : September 26, 2025.

P. C. :

1.

Interim Application seeks enlargement of the Applicant on medical bail for a period of six months.

2.

Learned Counsel for the Applicant submits that the Applicant has been committed an offence punishable under Section 302, 324, 506 part II of the Indian Penal Code, 1860 and sentenced to suffer imprisonment 1 of

for life and to pay fine of Rs. 1,000/-. He submits that the Applicant has been arrested in the year 2013 and is behind bar since them. He submits that during his incarceration the Applicant was diagnosed with cancer and was advised to undergo CT scan of paranasal sinuses and neck with scan was conducted on 28th December, 2022 which confirmed that the Applicant is suffering from cancer. He submits that he was advised immediate surgery followed by radio therapy treatment. He submits that the Applicant is presently undergoing treatment in jail. He submits that in order to ensure that the Applicant needs proper medical treatment, the Applicant is required to be shifted to private hospital in Sangali. He submits that the family of the Applicant is willing to bear the cost of the treatment.

3.

Learned APP fairly submits that the facts as stated are correct and that they have no objection for the medical bail to be granted for a period of six months.

4.

In light of the above, and considering the continuing need of the Applicant for medical treatment for cancer by undergoing radio therapy and chemo therapy, the Application is allowed. 5.

The Applicant is released on bail for a period of six months from today. The Applicant is enlarged on bail of Rs. 15,000/- with one or more surety of like amount. The Applicant to inform the current address and 2 of

the telephone number of the near relatives to the jail authorities. 6.

Interim Application is allowed in the above terms. [ Sharmila U. Deshmukh, J. ] [ M. S. Karnik, J. ] 3 of