IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 13 OF 2010 IN CRIMINAL APPEAL NO. 437 OF 2009 VIJAY SOMANAPPA HARAKE .. .. APPLICANT Vs. THE STATE OF MAHARASHTRA .. .. RESPONDENT Mr. Vikas Shivarkar for the applicant Mr. V.B.Konde-Deshmukh, APP CORAM:-SMT. RANJANA DESAI & SMT. MRIDULA BHATKAR, JJ. DATE:- 3/2/2010 P.C. Leave to amend the prayer. Amendment to be carried out forthwith. 2. The applicant is original accused 2 in Sessions Case No. 605 of 2006. He was tried for offences punishable under Section 498-A, 304-B, 302, 504 r/w 34 of Indian Penal Code (“IPC” for short) and under Sections 3 and 4 of Dowry Prohibition Act. By judgment and order dated 30/4/09 the applicant has been convicted inter alia for offence punishable under Section 302 read with 34 of IPC and sentenced to life imprisonment. 3. His appeal has been admitted. Bail application preferred by the applicant has been rejected by this court vide its order dated 21/7/09. This is second bail application preferred by the applicant. The applicant has prayed for bail on merits. He has also prayed for temporary bail. 4. We have heard learned counsel for the applicant. He submitted that it is true that the applicant’s bail application has been once rejected, however, there is change in the circumstances which warrant his release on bail. Learned counsel submitted that the applicant’s grandson is aged about 5 years. He is suffering from Epilepsy. As directed by us learned APP has made the necessary inquiry and report dated 24/1/2010 is submitted by Police Inspector of Wanawadi Police Station, Pune, which states that the applicant’s grandson Tejas is suffering from Epilepsy and he needs treatment. He was last treated on 3/4/2009 at K.E.M. Hospital. However, thereafter he is not taking treatment. The report is taken on record and marked “X”. Learned counsel submitted that the entire family is in jail and, therefore, there is nobody to take care of the grandson of the applicant. 5. Learned counsel submitted that even on merits the applicant deserves to be released on bail. 6. At this stage, we are not inclined to consider this application on merits because the previous application is rejected on merits. The applicant may, if he is so advised prefer bail application on merits after sometime. After considering the report submitted by the Police Inspector Wanawadi Police Station, we feel that a case has been made out for temporary bail. In our opinion, the applicant needs to be released on temporary bail for three months so that he can attend to his grandson who is suffering from Epilepsy. Hence, we pass the following order: 7. The applicant Vijay Samanappa Harake is ordered to be released on temporary bail of three months in the sum of Rs.10,000/- with one or two sureties to make up the amount. After completion of three months from the date of release on bail, the applicant shall surrender to the prison. 8. Needless to say that we have not considered the merits of the case and the applicant may, if he is so advised prefer bail application on merits. 9. Application is disposed off. (Smt. Ranjana Desai, J.) (Smt. Mridula Bhatkar, J.)