Laxman Haribhau Chormale v. State Of Maharashtra And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3590 OF 2025 IN CRIMINAL APPEAL NO.644 OF 2025 Laxman Haribhau Chormole ... Appellant/Applicant V/s.
The State of Maharashtra & Ors.
... Respondent Mr.Pratik Sabrad a/w. Ms. Neha Parte, Ms. Eshwaree Kudalkar and Mr. Amey Sawant, Advocate for the Applicant/Appellant Mrs. P.P. Shinde, Addl. P.P., for the Respondent State CORAM :
REVATI MOHITE DERE & SANDESH D. PATIL, JJ.
DATE : 1ST OCTOBER, 2025.
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ORDER (Per Sandesh D. Patil, J.) :- 1.
By this Interim Application, the applicant is seeking bail on medical ground. The applicant vide judgment and order dated 27th May 2025 passed by the Additional Sessions Judge, Malegaon in Sessions Case No.126 of 2017, has been convicted for the offence punishable under Section 302 of the Indian Penal Code and is sentenced to suffer imprisonment for life. 2.
At the outset, we had made it clear to the learned counsel appearing for the applicant that we were not inclined to grant prayer clauses 'a' and 'b' of the Application. Hence, learned counsel for the applicant does not press for prayer clauses 'a' and 'b'. Learned counsel for the applicant however presses for prayer clause 'c', which reads as under :- "(c) This Hon'ble Court may be pleased to extend the period of temporary bail granted by this Hon'ble Court (Coram : Sarang V. Kotwal and Advait M. Sethna, JJ.) vide order dated 02.09.2025 on medical ground to the applicant on such terms and conditions as this Hon'ble Court may deem fit and proper, in connection with the C.R. No.8 of 2016 registered with Malegaon Taluka Police Station for 2/5
the offence punishable under Section 302 of Indian Penal Code pursuant to the Judgment and Order dated 27.05.2025 passed by the Learned Additional Sessions Judge, Malegaon, in Sessions Case No.126 of 2017 for further period of six weeks."
3.
Learned Counsel for the applicant submitted that whilst on bail, a dispute arose between the applicant and his brother Dattu Hari Chormale on 27.07.2025 at around 6 p.m. in which his brother, Dattu Hari Chormale attacked the applicant resulting in the applicant sustaining serious injuries. Pursuant to the injuries, the applicant was admitted in a hospital. Learned counsel had produced on record medical documents evidencing the same, at Exhibit 'C' to the application.
4.
It is not in dispute, that the applicant had preferred an Interim Application No.2210 of 2025 in the aforesaid Criminal Appeal No.644 of 2025 seeking temporary bail on medical ground. This Court (Coram : Sarang V. Kotwal and Shyam C. Chandak, JJ.) vide order dated 23.06.2025 directed the jail authorities to submit a medical report. After perusing the medical report, this court vide order dated 03.07.2025 granted temporary bail to the applicant in Interim Application No.2210 of 2025, on medical grounds for a period of 8 weeks.
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5.
The period of 8 weeks granted by the court was to expire on 03.06.2025. Since the applicant had not recovered fully, the applicant preferred another Interim Application No.3248 of 2025 seeking extension of temporary bail. That Interim Application was allowed and extension was granted to the applicant for a further period of 4 weeks on 02.09.2025. 6.
Learned counsel for applicant submits that the applicant was again admitted to INHS ASVINI Hospital on 04.09.2025. According to the learned counsel though the applicant was recently discharged from the hospital, he has not yet recovered. We are informed that the applicant is not in a position to carry out his daily chores independently and as such prays for bail on medical grounds. Learned Addl. P.P. does not dispute the applicant's present medical condition.
7.
After considering the medical reports, which were produced by the applicant i.e. the applicant is presently unable to perform his daily chores and after considering the orders passed by this court (Coram : Sarang V. Kotwal and Shyam C. Chandak, JJ.) on 03.07.2025 in Interim Application No.2210 of 2025 as well as the order dated 02.09.2025 passed by this court (Coram : Sarang V. Kotwal and Advait M. Sethna, JJ.), we are of 4/5
the considered view, that the applicant requires some more time to recover. Hence, the following order ;
O R D E R
(a) The temporary bail granted earlier by this Court is extended by a further period of 6 weeks from the date of uploading of this order, on the same term and condition as imposed by this Court vide order dated 3rd July 2025 passed in Interim Application No. 2210 of 2025 in Criminal Appeal No. 644 of 2025.
(b) On expiry of the said period, the applicant to surrender before the jail authorities.
8.
The Interim Application is disposed of accordingly. All the concerned parties to act on the authenticated copy of this order.
(SANDESH D. PATIL, J.) (REVATI MOHITE DERE, J.) amraut 5/5