Bombay High Court
BA/1347/2020 of PRASHANT DEVRAO SANKHE Vs THE STATE OF MAHARASHTRA on 30 December 2020
COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1347 OF 2020 Prashant D. Sankhe …Applicant V/s. The State of Maharashtra ...Respondent. Mr. S.V. Marwadi i/b Mr. N. M. Nadar for the Applicant. Mr. J.P. Yagnik, APP for the Respondent – State. PSI Mr.
DigitallyIN THE HIGH COURT OF JUDICATURE AT BOMBAYsigned byDineshS.SherlaDinesh S.SherlaDate:2020.12.31 BAIL APPLICATION NO. 1347 OF 2020 CRIMINAL APPELLATE JURISDICTION15:23:53+0500signed byDineshS.SherlaDinesh S.SherlaDate:2020.12.31 BAIL APPLICATION NO. 1347 OF 2020 CRIMINAL APPELLATE JURISDICTION15:23:53+0500
Prashant D. Sankhe
…Applicant
V/s.
The State of Maharashtra
...Respondent.
Mr. S.V. Marwadi i/b Mr. N. M. Nadar for the Applicant.Mr. J.P. Yagnik, APP for the Respondent – State.
PSI Mr. Avinash R. Dhakase, Palgar Police Station present.
CORAM :N.R. BORKAR, J.
P.C. :
DATE :
30[th] DECEMBER, 2020. (VACATION COURT)
1. This application is taken out for temporary bail on medical grounds.
2. The applicant came to be arrested in Crime No. 0124/2019registered by Palghar Police Station for the ofences punishableunder Section 302, 364, 365, 120-B, 201 read with Section 34 ofthe I.P.C..
3. It is stated that on 4.12.2020, the applicant was admitted toJ.J. Hospital as he had vomited blood. It is stated that though theapplicant, thereafter came to be discharged on 7.12.2020, againhe was admitted on 10.12.2020 as he had severe pain in 47-ba-1347-20.doc abdomen. It is stated that the applicant may therefore, bereleased on temporary bail to avail proper medical treatment.
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4. This court by order dated 28.12.2020 directed theSuperintendent of Central Prison, Thane to produce the medicalcase papers of the applicant. Pursuant to the said order, theSuperintendent, Central Prison, Thane submitted the medical casepapers of the applicant to this court.
5. I have perused the medical case papers of the applicant. Itappears from medical case papers that the applicant is suferingfrom ‘Severe Erosive Gastritis’. In this pandemic situation takingthe applicant to the hospital frequently and bringing him back toprison would put the lives of other inmates at risk. The Applicantappears to be permanent resident of Palghar and it is not the caseof the prosecution that if the applicant is released on temporarybail, then he would abscond. Considering these facts andcircumstances, I am inclined to release the applicant on temporarybail. In the result, following order is passed.
a. Bail Application is allowed.
b.The applicant shall be released on temporary bail till20.2.2021 on furnishing P.R.Bond in the sum of Rs.15,000/-with one surety in the like amount.
c. Bail shall be furnished before the Trial Court.
d. After expiry of the temporary bail period, the applicantshall surrender before the concerned authorities
e. The applicant shall furnish the details of hishospitalization to the concerned police station.
[N.R.BORKAR, J.]
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