1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No. 36/2011 Gautam Vishnu Rarakh vs. The State of Maharashtra, through the Secretary, Home Department, Mantralaya, Mumbai and another. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. Mr. T.A.Mirza, APP for the respondents. CORAM : MRS. V.K.TAHILRAMANI & P.B.VARALE, JJ DATE : 8.3.2011 This petition has been preferred by the petitioner through jail seeking premature release on the ground of his ill-health. We have called for the medical report of the prisoner. In its reply, the Medical Officer, Central Prison has stated that the present health condition of the petitioner is not proper and his health is deteriorating. He has submitted medical report which states that he is suffering from Sickle cell anemia with thalasmia with sever anemia with left hernia and that there is no hope of his recovery either in or outside the prison. His illness is such as to incapacitate him absolutely from the commission of further crime and has not been produced or aggravated by any willful act on the part of 2` the prisoner. The learned APP on instructions states that day by day the health of the prisoner is deteriorating. Though in the facts of this case, we can not consider the prayer of the petitioner for premature release, in view of the state of health of the petitioner we are inclined to release him on temporary bail. Hence, the following order. i) The petitioner to be released on temporary bail in the sum of Rs. 5000/- with one or two sureties to make up the said amount. ii) It is made clear that temporary bail is granted only for a period of six months from date of release on bail. The petition is disposed of accordingly. Office to communicate this order to the petitioner, who is in Central Prison, Amravati. JUDGE JUDGE patle 3`