IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3594 OF 2008 CRIMINAL APPLICATION NO. 3594 OF 2008 CRIMINAL APPLICATION NO. 3594 OF 2008 Mr.Sadik Ali Zahid Ali Khan ...Applicant vs. The State of Maharashtra ...Respondent Mr.A.M. Saraogi for the Applicant. Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 10, 2009 DATED : FEBRUARY 10, 2009 DATED : FEBRUARY 10, 2009 P.C. :- P.C. :- P.C. :- 1. This is an application filed by the applicant seeking temporary bail on the ground that it is necessary to remove the rod in the leg of the applicant which was inserted after he had met with the railway accident. 2. I have perused the photographs and have noticed that there is serious injury caused to the applicant. This fact also has been noted by this Court dated 10th December, 2008. Thereafter, by order dated 17th January, 2009, this Court had directed that the applicant should be given proper medical treatment forthwith and report of his condition was to be notified - 2 - to this court within one week. The Dean, however, in his report has stated that the condition of the applicant was normal. The grievance was made by the applicant that proper treatment was not given to him and there was possibility of development of gangrene in the leg and therefore, this Court had directed the Jail Superintendent to take the applicant to BYL Nair Hospital, Bombay and treat him in the hospital for a period of one week so that the entire test would be conducted and the opinion of the Surgeon would be obtained. 3. Though this order was passed on 22nd January, 2009, I am informed by the learned APP that there was no compliance of this order by the Jail Superintendent. It is submitted that copy of this order was not made available, that the Jailor forgot to take copy of the order. It must be stated here that there is complete non-compliance of the order passed by this Court. Under the circumstances, there is no other option but to grant temporary bail to the applicant so that he can take proper medical treatment from private hospital or a - 3 - public hospital of his choice. The attitude of the Jail Superintendent is deprecable particularly, when this court had directed him to admit him in BYL Nair Hospital, Bombay, and keep him under observation for a period of one week. The Jail Superintendent to show cause why action should not be taken against him for non-compliance of the order passed by this court. 3. In the meantime, the applicant is released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant may furnish cash bail and within two weeks, furnish one or two sureties in the like amount as directed. The temporary bail is granted to the applicant for a period of three months from today. 4. The application is disposed of. However, the Jail Superintendent is directed to tender his explanation and show cause why action should not be taken against him. Liberty to apply. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)