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Bombay High CourtIA/327/2026allowed to be withdrawn

Laxman Haribhau Chormale v. State Of Maharashtra And ORS

2026-03-05Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Kamal Khata3 pages

DTG 23-Ia-327-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 327 OF 2026 IN CRIMINAL APPEAL NO. 644 OF 2025 Laxman Haribhau Chormale ... Applicant V/s.

The State of Maharashtra & Ors.

... Respondents _______________________________________ Mr. Pratik Sabrad a/w Ms. Eshwaree S. Kudalkar for Applicant. Smt. Prajakta P. Shinde, A.P.P. for Respondent-State. Ms. Suvarna Chorge, Jailor Gr. II, Nashik Jail, present. _______________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 5th March 2026 P.C. :

1) It is the case of the Applicant that he has sustained fractures to the right shoulder and right thigh and is presently not receiving appropriate medical treatment and continues to suffer pain on account thereof. 1.1) The Applicant has consistently sought temporary bail on the ground of these ailments.

2) We are, however, prima facie not satisfied about the genuineness of the claim. A perusal of the record indicates that the Applicant had earlier been treated at INHS Asvini Hospital, Colaba, Mumbai. A certificate dated 1st 1/3

DTG 23-Ia-327-2026.doc October 2025 issued by the Surgeon/Commander of the said Hospital records that, the Applicant was admitted on 20th September 2025 and thereafter discharged in a fit condition to travel without attendant. The said certificate is attached at page No. 19 of the compilation of documents tendered across the bar by the learned APP. The compilation of the documents tendered by the learned APP and is taken on record. 3) In order to ascertain the correctness of the said claim and to determine whether the Applicant is in fact suffering from any serious injury, including fracture of the right humerus and right femur, we deem it appropriate that the Applicant be thoroughly examined by a panel of experts from the Sir JJ Group of Hospitals.

3.1) We accordingly direct the Registrar, Sir JJ Group of Hospitals, to constitute a panel of experts in the relevant field to examine the Applicant and conduct a thorough medical examination. The panel may seek necessary assistance, including medical records, from INHS Asvini Hospital, Colaba, Mumbai, for the purpose of ascertaining the relevant facts. The Surgeon/Commander attached to INHS Asvini Hospital, Colaba, Mumbai, is requested to extend all necessary assistance to the Registrar of Sir JJ Group of Hospitals for verifying and ascertaining the medical records of the Applicant maintained at the hospital. The medical report of the Applicant shall thereafter be submitted to this Court in a sealed envelope through the learned APP.

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DTG 23-Ia-327-2026.doc 3.2) The Applicant shall be produced before the Registrar, Sir JJ Group of Hospitals on 11th March 2026.

4) Stand over to 13th March 2026.

( KAMAL KHATA, J. ) ( A.S. GADKARI, J. ) 3/3