Bombay High Court
Chetanand Arjun Naik vs The State Of Maharashtra And Anr on 19 March, 2021
Bench: R.P. Mohite-Dere
Digitally
signed by
Shagufta Shagufta Q.
Pathan
Q. Date: 22-IA-839-2021.doc
Pathan 2021.03.19
16:55:46
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 839 OF 2021
IN
CRIMINAL APPEAL NO. 224 OF 2021
Chetnanand Arjun Naik ...Applicant
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. Prakash N. Wagh for the Applicant
Mr. S. V. Gavand, A.P.P for the Respondent No.1-State
Ms. Ameeta Kuttikrishnan, Appointed Advocate for the Respondent No. 2
CORAM : REVATI MOHITE DERE, J.
FRIDAY, 19th MARCH 2021
P.C. :
1 At the outset, learned counsel for the applicant seeks leave to
amend to correct the name of the applicant. Leave granted. Amendment be
carried out forthwith.
2 Heard learned counsel for the parties.
3 By this application, the applicant seeks his enlargement on bail,
pending the hearing and final disposal of the appeal.
SQ Pathan 1/5
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4 The applicant, vide judgment and order dated 25 th February
2021, passed by learned Special Judge (POCSO) for Greater Bombay in
POCSO Special Case No. 211/2018, has been convicted and sentenced as
under:
- for the offence punishable under Section 9(m) r/w 10 of the
Protection of Children from Sexual Offences Act (`POCSO'), to
suffer rigorous imprisonment for 5 years and to pay fine of
Rs.20,000/-, in default of payment of fine, to undergo further
rigorous imprisonment for 2 months.
The find amount, if realised, was directed to be paid to the
victim girl, as compensation.
5 Learned counsel for the applicant submits that out of the 5
years awarded by the trial Court, the applicant has undergone imprisonment
of more than 3 years 1 month. He submits that the applicant has suffered
paralysis of one side of his body and requires to be looked after. He further
submits that the applicant, if enlarged on bail, will not reside within the
jurisdiction of Bhandup Police Station and will reside at Kalwa with his
father-in-law for some time, if required.
SQ Pathan 2/5
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6 Learned A.P.P has tendered discharge summary papers of the
applicant of J. J. Hospital. The same are taken on record. It appears that
the applicant was admitted in J. J. Hospital on 16 th February 2021 and was
discharged from the said Hospital on 15 th March 2021. It appears from the
history given that the applicant was brought from Arthur Road Jail, as there
was weakness on the right side of his body. The CT brain angio shows
acute non hemorrhagic infarct in anterior region of left temporal chronic
Cmall vessel ischemic changes with mild generalised cerebral atrophy
enchephalomalacia with perifocal gliosis in bilateral caudate nucleus. It
appears that there are certain changes which were found. Whilst
discharging the applicant, medication was prescribed and advise was given
to follow-up in Neurosurgery OPD; Neurology OPD; Medicine OPD 20;
Cardiology OPD 32; Ophthalmology OPD for 6 monthly fundoscopy. The
following was again advised i.e. strict adherence to medication, low salt
diet, follow-up with physiotherapy, frequent change in position every 2
hours and change foleys catheter every 21 days. It thus appears that the
applicant is bed-ridden. Even today, he is kept in a prison hospital.
7 Learned A.P.P. has also tendered the medical report of the
Chief Medical Officer, Mumbai Central Prison, Mumbai dated 18 th March
2021. The same is taken on record. The said report also shows that the
SQ Pathan 3/5
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applicant is suffering from accelerated hypertension and paralysis, for
which, he was given treatment at J. J. Hospital. It is further stated that as
per the J. J. Hospital discharge card, the applicant was found to be suffering
from right hemiparesis due to left gangliocapsular hemorrhage in a newly
diagnosed case of hypertension with hypertensive heart disease. In short,
paralysis due to brain hemorrhage. It is stated that after treatment, he is
now stable and is kept in prison hospital and that his blood pressure is
under control and he is stable.
8 The sentence awarded is a short terms sentence. The appeal
has been admitted by a separate order passed in the aforesaid appeal on 10 th
March 2021. The applicant has already undergone imprisonment of 3 years
1 month i.e. more than ½ sentence.
9 Considering the aforesaid and the medical condition of the
applicant, the application is allowed and the applicant's sentence is
suspended and he is enlarged on bail, pending the hearing and final
disposal of his appeal, on the following terms and conditions :
ORDER
(i) The applicant be released on cash bail in the sum of
Rs. 15,000/-, for a period of eight weeks;
SQ Pathan 4/5
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(ii) The applicant shall within the said period of eight weeks,
furnish P.R. Bond in the sum of Rs. 15,000/- with one or more
sureties in the like amount;
iii) The applicant shall not enter the jurisdiction of Bhandup
Police Station, until further orders;
iv) The applicant shall keep the trial Court informed of his
current address, where he intends to reside and mobile contact
number and/or change of residence or mobile details, if any, from
time to time;
10 The application is disposed of accordingly.
11 High Court Legal Services Committee to award fees of the
learned appointed Advocate Ms. Kuttikrishnan, as per Rules.
12 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 5/5
