Jeewan Devram Shirsath v. The State Of Maharashtra And ANR.

5-APEAL-1196-2018+.DOC Priya Soparkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1196 OF 2018 WITH INTERIM APPLICATION NO. 1233 OF 2025 IN CRIMINAL APPEAL NO. 1196 OF 2018 Jeewan Devram Shirsath ...Appellant/ Applicant

Versus

The State of Maharashtra and anr.

...Respondents

Ms. Shabana M. Ali Sayed, for the Appellant/Applicant. Ms. Sharmila S. Kaushik, APP, for Respondent No.1/the State.

CORAM:

SUMAN SHYAM & SHYAM C. CHANDAK, JJ.

DATED:

6TH AUGUST 2025.

PC:- 1.

After the earlier Bail Application of the Applicant was rejected on merits, he has approached this Court by filing this Application seeking bail for the second time on medical grounds urging that his mother is required to undergo a surgery due to Cancer.

2.

The prayer has been strenuously opposed by the learned APP, primarily on the two grounds. Firstly, on an earlier occasion when the Applicant was released on Parol, he went absconding for three Digitally signed by PRIYA RAJESH SOPARKAR Date:

2025.08.11 13:23:35 +0530 PRIYA RAJESH SOPARKAR 6th August 2025

5-APEAL-1196-2018+.DOC years and secondly, there is no imminent danger to the mother of Applicant on health ground and she is being well taken care of by her husband i.e. the father of the Applicant and his sister, who are living together. The learned APP also submits that the medical documents brought on record are insufficient to suggests that the Applicant's mother is required to undergo a surgery of Cancer in near future.

3.

After hearing the submissions of the learned counsel of both the sides, we direct this matter to be listed on 21st August, 2025. 4.

In the meantime, the learned APP to call for report of the concerned jail superintendent as to when the Applicant was earlier released on Parol and when did he surrender back to jail. 5.

The learned counsel for the Applicant to also furnish in detail particulars of ailment of the mother of the Applicant alongwith recent documents showing the "schedule of surgery", if any.

6.

Both the sides are granted liberty to file additional affidavits, if so advised. The prayer for temporary bail shall be considered on the next date fixed.

(SHYAM C. CHANDAK, J.) (SUMAN SHYAM, J.) { 6th August 2025