247appln2270.09.sxw 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.2270 of 2009 in Criminal Appeal No.579 of 2006 (Sakharam s/o. Sirpat Sutar .vs. State) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha & P. B. Varale, JJ. Date : 24/07/2009. Heard Ms. Sangita Gaikee (Jachak), Adv. for appellant/applicant and Mr. A. G. Mujumdar, Additional Public Prosecutor for respondent/State. Criminal Application No. 2270 of 2009 is filed by applicant for grant of bail u/s. 389 of the Code of Criminal Procedure. Counsel for applicant has submitted that, on the earlier occasion, temporary bail for a period of two months was granted by this Court vide order dt. 15.4.2009 on the ground of serious ill- ness of daughter of applicant namely Anjana, who was required to undergo by-pass operation. It is contended that the applicant had to arrange finance for the purpose of said operation which required two months’ period. It is contended that the by-pass operation of daugher of applicant is scheduled to take place on 25.7.2009 at 247appln2270.09.sxw 2 . Aurangabad. It is submitted that necessary medical certificate issued by the Doctor is placed on record. Counsel for applicant, in such circumstances, has prayed that the applicant be released on temporary bail. Mr. Mujumdar, Additional Public Prosecutor has submitted that, on the earlier occasion, when the applicant was released on temporary bail for a period of two months, he failed to surrender before the jail authorities on the due date and therefore, if this Court is inclined to grant temporary bail, in that case necessary direction in this regard be given to the applicant. Considered the rival contentions canvassed by the respective counsel. In the normal set of circumstances, we would not have considered the Criminal application for grant of temporary bail when the facility of parole is available to the applicant; however, considering urgency in the matter, because of by-pass surgery of daughter of applicant which is scheduled to take place on 25.7.2009, we are inclined to grant temporary bail in these exceptional circumstances. Applicant be released on bail for a period of thirty days from the date of his release on furnishing a P. R. bond of Rs10,000/- with one solvent surety in the like manner. Applicant is directed to surrender before the jail 247appln2270.09.sxw 3 . authorities on or before 24th July, 2009, failing which the jail authorities are directed to apprehend the applicant and bring him back to the Prison. In the circumstances, the Criminal application is allowed and disposed of accordingly. Hamdast is allowed. JUDGE JUDGE jais