1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL APPLICATION NO.390 OF 2010 Ravindra Kashiram Goregaonkar ...Applicant vs. State of Maharashtra ...Respondent Shri P.B.Patil i/b Shri C.K.Pendse for the applicant Mr.K.V.Saste,A.P.P for State CORAM :A.S.OKA,J. DATE : MARCH 12, 2010 P.C. 1 Heard learned counsel for the applicant and the learned A.P.P for State. As earlier application for bail made by the applicant has been rejected by this Court, the regular Court by order dated 1 st February 2010 directed that this application should be placed before this Court. 2 Earlier application made by the applicant has been rejected by order dated 14 th July 2005 by this court. Thereafter, second bail application was made by the applicant has been rejected on 30 th June 2006. It is stated that the applicant is in custody from 23 rd December 2004. 3 The present application is moved essentially on the heath grounds. Therefore, Investing Officer was directed to obtain a report on the present health condition of the applicant. Accordingly, the report of the Chief Medical Officer, Mumbai Central Prison was placed on record by the learned A.P.P on the last date. The Medical Officer has recorded that the applicant is suffering from Pulmonary Tuberculosis and various other diseases 2 including cirrhosis of lever and diabetic neuropathy. In the report he observed thus : Undertrial Prisoner Ravindra Kashinath Goregaonkar, 45 years old Male, suffering from Pulmonary Tuberculosis i.e. Multi drug resistant tuberculosis on treatment of A.K.T. He is having diabetes mallitus, hypertension and HBS Ag+ve with cirrhosis of lever and diabetic neuropathy. Patient is weak, emaciated with ascitis. He is taking anti T.B. Drug, injection insuline and high protein diet. His previous history of illness, he was having haemoptysis on 9.4.2009 has been admitted to J.J.Hospital 3 times on 6.2.2009 to 10.2.2009 for 4 days 4.4.2009 to 20.11.2009 for 7 months 7.12.2009 to 18.12.2009 for 11 days. On admission to J.J.Hospital he has been investigated extensively and discharged when stable. Now his health condition is deteriorating. 4 It is observed in the earlier orders passed by this court and in particular order dated 14 th July 2005 that on merits no case is made out for grant of bail considering the role played by the applicant and considering the seriousness of the offense. This is a case where allegation is that large number of persons consumed poisonous illicit liquor at the den which was allegedly run by the applicant and they lost their lives. 5 The Medical Officer has recorded that the applicant is suffering from various ailments and his health condition is deteriorating. Only on this ground, a case is made out for grant of temporary bail. The learned A.P.P states that the trial has commenced. He submitted 3 that stringent conditions will have to be imposed on the applicant to ensure that he will co-operate for early conclusion of trial. He submits that a condition be imposed that the applicant will not leave city of Mumbai without permission of the concerned Court. 6 Hence, I pass the following order : i) Temporary bail is granted to the applicant Ravindra Kashiram Goregaonkar in connection with C.R.No.270 of 2004 of N.M.Joshi Marg police station subject to condition of furnishing personal bond in the sum of Rs.50,000/- with two local sureties in the like amount. ii)Temporary bail will continue to operate for a period of two months from the date on which he is enlarged on bail. iii)In the event there is no improvement in the health condition of the applicant, it will be open for the applicant to make a fresh application. iv)The bail is granted subject to condition that the applicant will report to the concerned police station once in a week. v) Bail is granted subject to condition that before effect is given to the order granting bail, the applicant will surrender his passport, if any, to the Investing Officer. If the applicant is not possessing any passport, he shall file an affidavit to that effect in this court. vi)Bail is granted subject to condition that the applicant shall not directly or indirectly make any inducement or threat to the prosecution witnesses. vii)Bail is granted subject to the condition that the applicant will regularly remain present before the trial Court on the dates fixed from time to time and 4 will co-operate with the learned Judge. viii)Application is disposed of in above terms. JUDGE