Vishnu @ Tukya Haridas Dake And ... vs The State Of Maharashtra
2022 Latest Caselaw 2389 Bom

                                     1                950 appln 692-22

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD


                950 CRIMINAL APPLICATION NO.692 OF 2022
                          IN APEAL/425/2018

                DHANANJAY @ DHANYA YOGIRAJ RASAL
                                VERSUS
             THE STATE OF MAHARASHTRA AND ANOTHER
                                    ...
                Advocate for Applicant : Mr. N. V. Gaware
            APP for Respondent no.1-State: Mr. M. M. Nerlikar
                                    ....

                                    CORAM : V. K. JADHAV AND
                                             SANDIPKUMAR C. MORE, JJ.
                                    DATED : 9th MARCH, 2022.
                                             ....

P. C. :

1.      Heard both the sides.

2.      The applicant / accused is seeking bail on health ground.

According to the applicant, he immediately requires the valve

replacement surgery.                 In compliance with the directions in the

order dated 3rd March, 2022 the learned APP has taken the

instructions in writing. The Superintendent of the Central Prison,

Aurangabad has forwarded the medical report issued by the Chief

Medical Offcer, Aurangabad Central Prison.                     We have carefully

gone through the said report.                In para no.10, the Chief Medical

Offcer has mentioned the clinical diagnosis which reads as under :




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                                     2             950 appln 692-22

                   "10) CLINICAL DIAGNOSIS :
                   Rheumatic Heart Disease, with congestive
                   cardiac failure (Recovered) with Severe Mitral
                   stenosis with severe tricuspid regurgitation
                   with Pulmonary Hypertension."


        Further in para no. 16 the Chief Medical Offcer considered

the opinion that the general condition of the applicant is very weak

and not satisfactory and can deteriorate in future. He has further

opined that the illness of the applicant is severe and cardiac related

disease, his condition may worsen in future and his life may go in

danger.

3.      Learned counsel for the applicant / accused submits that the

applicant has decided to undergo the surgery in either of the

hospitals as below :

        1)       Shirdi Hospital or

        2)       Nerul Specialty Hospital and Research                 Centre at

Mumbai.

        Learned counsel submits that 8/9 months duration is

required for pre-surgery treatment, surgery period and post surgery

period.

4.      Learned APP submits that in view of the report submitted by

Chief Medical Offcer, Aurangabad Central Prison and in terms of




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                                       3                        950 appln 692-22

his opinion, it appears that the applicant / accused is required to

undergo the surgery immediately.                      Learned APP submits that an

appropriate order may be passed, however, at present the order of

temporary bail may be passed for a limited period of 2/3 months

and after revival of the situation, extension of the temporary bail

can be considered.

5.      As per the opinion of the Chief Medical Offcer, the general

condition of the applicant / accused is very weak, not satisfactory

and can deteriorate in future.                     In his opinion his life may go in

danger. In view of the same, we are inclined to grant temporary

bail to the applicant / accused at present for a period three months

with certain conditions. Hence, the following order.

                                              ORDER

1. Criminal application is partly allowed.

2. Pending hearing of the appeal preferred against the judgment and order of conviction the applicant / accused- Dhananjay @ Dhanya Yogiraj Rasal be released on temporary bail for a period of three months on executing personal bond of Rs.15,000/- with one surety of the like amount on the following conditions :

I) The applicant / accused shall furnish his address of residence during the period of temporary bail.

                                    4                    950 appln 692-22

                        II)       The applicant / accused shall also

inform to this Court as to the name of hospitals where he decides to undergo the surgery.

III) After expiry of the said period of three months from date of his release, the applicant shall surrender himself to the jail on his own.

3. The applicant / accused is at liberty to fle an application for extension of his temporary bail depending upon his health condition after expiry of said three months.

4. Criminal application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) (V. K. JADHAV, J.)

vsm/-