(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.1150 OF 2007 IN CRIMINAL APPEAL NO.349 OF 2006 Sajid Abdul Wahid Shaikh & Anr. ..Appellants Vs. The State of Maharashtra...Respondent Mr. Nitin Pradhan with Mr. K.M. Sanagani for Applicant. Mr. H.J. Dediya, APP for the respondent. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATED: 31st March,2008 DATED: 31st March,2008 DATED: 31st March,2008 P.C.: P.C.: P.C.: . The earlier bail application filed by the Applicant-appellant along with the Appeal has been rejected. 2. This is the second bail application by the same applicant on the ground that as his mother was not well she requires hospitalisation and that she has to undergo heart operation. During the pendency of this Application the applicant was released on parole for a period of two weeks. In the meantime the operation also has been performed. 3. It cannot be the contention of the Applicant that the presence of the applicant is now required to enable the applicant to raise the monies and/or (-2-) to produce evidence before the hospital which has undertaken the surgery on the ground that the applicant’s family is financially not in a position. In para.24 and 26 we find that the averments urged were that the expenditure required is in a sum of Rs.2,50,000/-. Once the operation has been performed it only shows that the applicant was not required to help his mother in raising the funds or getting the treatment. In these circumstances the application for bail is rejected. 4. It is made clear that the rejection of the bail by itself will not stand in the way of the applicant if he applies for parole. The parole application to be decided on its own merits. 5. By order dated 12th March, 2008 explanation was called for from the Department as to why the writ was not sent. The explanation has been submitted. Note has been put up explaining as to why it could not be done. The same is accepted. (SMT.V.K.TAHILRAMANI,J.) (F.I.REBELLO, J.) (SMT.V.K.TAHILRAMANI,J.) (F.I.REBELLO, J.) (SMT.V.K.TAHILRAMANI,J.) (F.I.REBELLO, J.)