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Bombay High CourtBA/2600/2025disposed off as withdrawn

Anand Rosari Fernandes v. State Of Maharashtra

2025-12-01Hon'Ble Justice Dr. Neela Kedar Gokhale3 pages

Ajit Pathrikar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2600 OF 2025 Anand Rosari Fernandes ...Applicant

Versus

State Of Maharashtra

...Respondent

Mr. Rakesh Jadhav, for the Applicant.

Ms. Manisha Tidke, APP for the State-Respondent. PSI - Sunil Pildankar, Antop Hill Police Station, is present.

CORAM

DR. NEELA GOKHALE, J.

DATED:

1ST DECEMBER 2025 PC:- 1.

After arguing the matter for some time, when I was not inclined to grant relief to the Applicant, Mr. Rakesh Jadhav, learned counsel for the Applicant, sought permission to withdraw the present Bail Application with liberty to file a fresh Bail Application if there is no substantive progress in the trial after a period of one year.

2.

Permission to withdraw is granted.

3.

It is noteworthy to record that, by order dated 10th October 2025, on instructions, Mr. Jadhav submitted that the Applicant is facing various medical issues. Hence, I had requested Ms. Manisha Tidke, learned APP, to call for a report pertaining the health status of the Applicant from the Jail Superintendent, Taloja Central Prison, Mumbai. 4.

The report regarding the health status of the Applicant dated 29th November 2025 is placed on record. The report annexes various prescriptions issued by the doctors of Sir J. J. Group of Hospitals, Mumbai. The present health status indicates that the Applicant has lower back pain and difficulty in chewing due to dental problem. When the Applicant was referred to Sir J. J. Group of Hospitals and Saint George Hospital for his complaints, he was examined and treated by the orthopedic surgeon and dental specialist in the said hospitals. At present, the Applicant is stable, save and except his desire to replace his teeth. In any case, the chief medical officer is also stated that in case he requires any further

medical treatment, he will be referred to a higher centre of the Sir J. J. Group of Hospitals.

5.

In view of the report, bail on the ground of medical condition is rejected.

6.

Needless to state that if there are any medical issues in the future, the Applicant is at liberty to file a fresh application. 7.

Considering that the Applicant is in custody since 26th October 2023 and even the charges are not framed yet, the Trial Court is directed to expedite the trial. 8.

The Bail Application is accordingly disposed of as withdrawn.

(Dr. Neela Gokhale, J)