1003ba29.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLIATION (BA) NO.29 OF 2011. Sudhir Hukumchand Jain ..vs.. State of Mah. through P.S.O.P.S.Gondia (city) CRIMINAL APPLIATION (BA) NO.44 OF 2011. Sudhir Hukumchand Jain ..vs.. State of Mah. through P.S.O.P.S.Gondia (city) ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr.R.M.Daga and Mr.M.P.Khajanchi Advocates for the applicant. Mr.C.N.Adgokar, APP for the State. CORAM : PRASANNA B. VARALE, J. DATED : 10 th March, 2011. Heard Mr.Daga and Mr.Khajanchi, learned Advocates for the applicant and Mr.C.N.Adgokar, learned APP for the State. Advocate Mr.Daga fairly submitted that this is second attempt of the applicant for grant of bail. The applicant has already approached this court by preferring the application Nos.1777 and 1778 of 2010. By the present application, the applicant is seeking his release on bail in C.R.Nos.3066/2010 and C.R.No. 18/2010, registered at Police Stations P.S.Gondia (city) for the offence under Sections 418, 420, 468, 471 of I.P.C. r/w 3 and 7 of Essential Commodities Act and Under Section 13, 3, 4(k), 17(1), 18(1), 3(k), 9, 10(4)(2) and Section 29 of 1003ba29.11.odt 2 Insecticides Act, 1968. 2. Mr.Daga, learned counsel for the applicant, on earlier occasion i.e. on 15/2/2011, on instructions, submitted that the present applicant is not pressing the application on merits but on the ground raised in the application about the ill health of the applicant. In view of the submission of the learned counsel, learned APP was directed to call the report showing the health status of the applicant, who is lodged at district prison Bhandara. On 22/2/2011, in response to the communication of the learned APP, a letter was received, which was placed on record by the learned APP communicating that the applicant is under treatment, who is suffering from Prolapse Inter-Vertebral disc and he is getting conservative treatment with analgesics, muscle relaxants, physiotherapy, traction epidural steroid injection etc. It was also opined that in case there is no relief then an option of surgical treatment is also under consideration. In view of that communication, again learned APP was directed to get the further report and accordingly the report received from District Civil Civil Surgeon was placed on record in respect of subsequent health status of the applicant. In view of the communication, it was thought fit by this court to get further report from the Head of Orthopedic Deptt.G.M.C.H.Nagpur along with the opinion of Dean, Government Medical College and Hospital, Nagpur about the health status of the applicant., In response to the communication of the learned APP, the report of the Head of Orthopedic Deptt. with approval of the Dean, Government Medical College and Hospital, Nagpur placed for perusal of this court. The same is taken on record and marked ‘X’ for identification. In view of the said report, 1003ba29.11.odt 3 Dr.S.R.Mitra, Professor and Head, Department of Orthopedics, GMCH, Nagpur thoroughly examined the applicant and after considering all reports observes thus - “Patient’s chief complaint low back pain appears to be of mechanical origin and there is no pathology in spline which requires surgery now. However, to address problem of back pain he should be referred to Rheumatologist and Neurophysician.” The said report is approved by the Dean, Govt. Medical College and Hospital, Nagpur. In view of the detailed report of the Professor and the Head of Department Orthopedic, it is clear that there is no immediate need of surgery suggested by the expert. In view of the report, I see no reason to show any indulgence on the ground of ill health raised by the applicant for seeking enlargement on bail. In the result, the application is rejected. JUDGE chute