MANOHAR BALARAM KHANAVKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Applicant is accused of having committed gruesome murder of Hiraman Patil on 7th September, 1989, in village kalanboli of which he is the Sarpanch. On 18th November, 1989 I rejected his application for bail bearing No. 2537 of 1989 mainly on the basis of apprehension of an eye-witness by name Vithal Patil who made an affidavit and on the basis of written application by about 30 villagers. The Applicant made a second application for bail bearing No. 357 of 1990 oh 25-2-1990. He urged that he had filed nomination for the election to the Maharashtra Legislative Assembly which was due to be held on 27th February, 1990. I, therefore, partially allowed the application and ordered his release on bail in the sum of Rs. 5,000 upto 15th March, 1990 ; but gave him the liberty to apply for extension of bail, if he behaved well during the period he was a free man. In pursuance of the liberty granted by me by the Order dated 21st February, 1990, the Applicant Manohar khanavkar has made this application for bail.

(2.) THE Applicant's case is two fold : (i) During the period when he was at liberty for the purpose of the elections, he has behaved well and there are no complaints. Therefore, he is not likely to interfere with the course of justice. (ii) On 3-3-1990 he had to leave his village Kalamboli and come to Bombay for medical treatment for suspected heart disease. He was admitted in Belle-Vue Nursing Home (Pvt.) Ltd. and a renowned Cardiologist Dr. Lulla treated him. He was in the nursing Home from 5th March, 1990 to 12th March, 1990. Since he continued to complain about chest pain and since Dr. Lulla found that the Applicant suffered from hyper-tension but apparently there was no heart disease, he recommended further investigation. For this purpose, he was admitted in Hinduja national Hospital from 12-3-1990 to 15-3-1990. The doctors in the Hinduja National Hospital diagnosed his ailment of hypertension and advised treatment.

(3.) ALTHOUGH this application was made before me On 15th March, 1990, the hearing was postponed to this date to enable the parties to make affidavits to meet the cases urged by each other. Since the period of bail granted by me expired on 15th March, 1990, the Investigating Officer arrested the Applicant from Hinduja National Hospital and took him to alibag. The Medical Officer at the Civil Hospital, Alibag examined the applicant and came to the conclusion that the Applicant suffers from angina and hypertension and advised rest and treatment.