RAJESH M BHANGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioner's bail application has been rejected on merits by the Sessions Court, Bombay. Now this application is filed purely on sympathetic consideration and it is stated that the petitioner has been suffering from HIV positive and in addition Tuberculosis in chronic stage and liver palpable. It is submitted that probably petitioner is in the last stage and, therefore, he should be granted temporary bail. It is also submitted that in another case in which present petitioner is involved for offences u/s 302, 120 r.w 34 of I.P.C. and offence under Arms Act, the Sessions Court, Pune, has granted temporary bail for three months. On similar consideration and it has been further observed that the petitioner requires special medical treatment. Mrs.Kantharia, A.P.P. however, submits that at present treatment is given to the petitioner in the Sasoon Hospital at Pune and even petitioner would not be able to afford such treatment elsewhere. However, she submits that case of the petitioner is serious one and left the matter for decision of the Court.

(2.) Since the Sessions Court, Pune, has already granted bail for three months, I feel that as submitted by Shri Shirodkar, at least in his last days, petitioner should be allowed to be at home on certain conditions.

(3.) Accordingly, petitioner is ordered to be released on temporary bail of three months, on his furnishing solvent surety to the extent of Rs.10,000/- (ten thousand), on condition that wife of the petitioner shall report to the D.N.Nagar Police Station, Bombay, daily, about the health condition of the petitioner, for which the police officer shall endorse the diary that may be maintained by wife of the petitioner. Such visits of the wife of the petitioner shall be during day time. The petitioner shall surrender after expiry of period of three months.