Bombay High Court
Yogesh Pandurang Kupekar vs The State Of Maharashtra on 28 June, 2021
Bench: Bharati Dangre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1655 OF 2021
IN
CRIMINAL APPEAL NO. 1551 OF 2018
Yogesh Pandurang Kupekar .. Applicant
Versus
The State of Maharashtra .. Respondent
...
Mr. Kuldeep Patil i/b Mr.Prashant Patil for the applicant.
Mr.S.R. Agarkar, APP for the State.
CORAM: BHARATI DANGRE, J.
DATED : 28th JUNE 2021
P.C:-
1 The applicant has taken out an application seeking to
extend the life of the temporary bail granted to him on 19 th
March 2021 on an Interim Application no. 1247 of 2021 being
moved.
2 By the order dated 19th March 2021, taking into
account the illness of his mother Mrs.Suchita Kupekar who was
diagnosed with cancer and it was informed that it has reached 4 th
stage nd the medical papers from the Oncologist and
Hematologist reflect her condition and the further course of
action to be followed, accepting that the applicant was the only
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member in the family who took care of his mother, he came to be
released on temporary bail for a period of eight weeks. On expiry
of the said period, the application for extension was preferred and
on 19th May 2021, the extension was granted for another period
of six weeks.
2 By the present application, extension of the
temporary bail is again sought for a period of six months. The
application is accompanied with necessary medical papers and a
certificate is issued by the Mumbai Oncocare Centre dated 23rd
June 2021 which advise Chemotherapy to be undertaken. No
doubt, the ailment of the applicant's mother is serious and her
condition is becoming precarious day by day as per the report.
3 However, the applicant is a convict, convicted under
Section 376 and 354 of the IPC by a judgment dated 20 th
October 2018 by the Sessions Judge at Thane and he is
undergoing his sentence in the prison. The indulgence was
granted and the applicant came to be released on temporary bail
for the first time by an order dated 19 th March 2021 and till date
of filing of this application, the applicant is outside the prison
enjoying the benefits of the extended temporary bail. However,
since the bail is temporary, it has to come to an end some day.
The condition of his mother has not improved and she is
undergoing treatment and during the period when he was
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released on bail, he has catered to her and arranged for medical
treatment. However, now he must surrender and the period of
temporary bail must come to an end.
4 Learned counsel Mr.Patil makes a categorical
statement on the basis of the instructions which he has received
that the applicant shall surrender on or before 10 th July 2021.
This period would enable him to arrange for the period for the
further course of medical action and the Chemotherapy which his
mother is required to undergo.
5 In such circumstances, the present application is
disposed and the statement made by the learned counsel that the
applicant will surrender on or before 10th July 2021 is accepted. If
he does not surrender, the authorities are directed to take him
into custody forthwith.
Needless to state that in case of any further serious
medical emergency, the applicant is at liberty to approach the
Court and it is for the Court to take into consideration the
situation prevailing at that time and consider the application.
SMT. BHARATI DANGRE, J
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