Baburao Bhimsha Birajdar vs State Of Maharashtra
2023 Latest Caselaw 13387 Bom

Bombay High Court

Baburao Bhimsha Birajdar vs State Of Maharashtra on 22 December, 2023

Author: Madhav J. Jamdar

Bench: Madhav J. Jamdar

2023:BHC-AS:39131
                                                                                           17. IA 2153-2023.doc



      Anand                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                                   INTERIM APPLICATION NO. 2153 OF 2023
                                                   IN
                                     CRIMINAL APPEAL NO. 703 OF 2023

                    Baburao Bhimsha Birajdar                                            .Applicant

                                  Vs.

                    The State of Maharashtra                                            .Respondent

                    Mr. Vikrant V. Phatate, Advocate, for the Applicant
                    Mr. A. R. Patil, AGP, for the Respondent - State

                                   CORAM        :      MADHAV J. JAMDAR, J.

                                   DATE         :      22.12.2023
                    P. C.

1. The Interim Application is taken out for suspension of

sentence and grant of bail.

2. On earlier date, Mr. Phatate, learned counsel

appearing for the Applicant submitted that the Applicant is a

senior citizen of 69 years and suffered paralysis in jail.

3. In view of these submissions, the matter is kept today.

Mr. Patil, learned Addl. Govt. Pleader submitted the Medical

Report dated 12.12.2023. Inter alia, the Medical Report records

following.

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17. IA 2153-2023.doc

"07) PAST ILLNESS/ACCIDENT/OPERATIONS (IF ANY) : KNOWN CASE OF HYPERTENSION AND LEFT SIDED HEMIPLEGIA ON REGULAR TREATMENT IN YERWADA PRISON HOSPITAL, PUNE."

"10) CLINICAL DIAGNOSIS : LEFT SIDED HEMIPLEGIA IN KNOWN CASE OF HYPERTENSION AND CHRONIC KIDNEY DISEASE WITH FOLEYS CATHER IN SITU."

"15) PRESENT HEALTH STATUS : AT PRESENT, THE GENERAL HEALTH CONDITION OF THE PRISONER IS CRITICAL, PUT ON MEDICAL TREATMENT AS ADVISED BY EXPERTS OF SGH PUNE."

4. Thus, it is clear that the Applicant is suffering from

serious health condition. Apart from that in terms of the decision

of the Supreme Court in the case of Bhagwan Rama Shinde

Gosavi & Ors. v. State of Gujarat, reported in (1999) 4 SCC 421,

in case of short sentences unless there are exceptional

circumstances, the prayer for suspension of sentences can be

considered by the Appellate Court liberally. No exceptional

circumstances are pointed out.

5. Accordingly, the Interim Application is disposed of by

passing the following Order :

(i) The substantive sentence of imprisonment imposed vide Judgment and Order dated 11.05.2023 passed by the learned District & Sessions Judge - 4, Solapur in Sessions Case No.336 of 2017 is suspended during the pendency of the Appeal;

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17. IA 2153-2023.doc

(ii) The Applicant - Baburao Bhimsha Birajdar be released on bail on executing PR Bond in the sum of Rs. 25,000/- with one or two sureties in the like amount;

(iii) The Applicant to furnish his permanent / present residential address and contact details to the Police Inspector of Valsang Police Station, Solapur.

6. The Interim Application is disposed of in the above

terms with no order as to costs.

(MADHAV J. JAMDAR, J.)

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