IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO. 261 OF 2008 CRIMINAL APPLICATION NO. 261 OF 2008 CRIMINAL APPLICATION NO. 261 OF 2008 Amol Dhondiram Salokhe. ... Applicant. V/s. The State of Maharashtra. ... Respondent. Kuldeep Patil for the applicant. S.R.Shinde, A.P.P. for the State. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 6th May 2008. DATED: 6th May 2008. DATED: 6th May 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. By this application the applicant is seeking extension of temporary bail granted to him by an order dated 18th January, 2008 passed in Criminal Application No.56/2008 and extended by another order dated 12th March, 2008 passed in Criminal Application No.126/2008. 3. The present applicant was granted temporary bail by this Court (D.G.Karnik, J.) vide order dated 18th January, 2008 for a period six weeks from the date of his release for the purpose of undergoing the medical treatment, subject to the condition that he shall inform the police the name of the hospital and the town in which he was to undergo by-pass surgery. He was also expected to surrender after surgery. While granting temporary bail, medical papers given by Chhatrapati Pramilaraje General Hospital were relied upon. 4. The applicant, on second occasion, moved Criminal Application No.126/2008 with prayer for for further extension of temporary bail contending that he was admitted as indoor patient in Mahatma Gandhi Hospital, New Pargaon on 20th February, 2008 since he was suffering from hypertension with unstable angina with obesity with severe folliculitis over both thighs. Consequently, he was found not fit for surgery. Certificate in this behalf dated 27th February, 2008 issued by the Medical Officer of the Mahatma Gandhi Hospital was produced on record in support of the prayer made. Considering the reasons given, extension was granted by an order dated 12th March, 2008. 5. The applicant has now again come with a prayer for second extension relying on the certificate issued by Chhatrapati Pramilaraje General Hospital indicating - 3 - probable date of operation as 27th May, 2008. 6. One fails to understand as to why the applicant is changing the hospitals for by-pass surgery. Initially certificate issued by Chhatrapati Pramilaraje General Hospital was produced to seek temporary bail, whereas admission was taken in some other hospital, namely, Mahatma Gandhi Hospital, New Pargaon i.e. in tahsil place of Kolhapur district. Now again certificate of Chhatrapati Pramilaraje General Hospital is produced to show the probable date of operation as 27th May, 2008. The reason sought to be given to seek extension of temporary bail, in these circumstances, becomes doubtful. Consequently, when this matter was heard, this Court expressed its inability to extend the period of temporary bail. 7. Learned counsel for the applicant, after taking instructions, submits that the applicant would surrender within two days. He be released on temporary bail on 24th May, 2008 so as to get himself admitted in Chhatrapati Pramilaraje General Hospital for by-pass surgery scheduled to be held on 27th May, 2008. - 4 - 8. In the above view of the matter, I pass the following order: O R D E R (i) The applicant shall surrender before the Investigating Officer (I.O.) within two days from today. The applicant to be released on temporary bail on 24th May, 2008, in the event the operation is to be performed on 27th May, 2008, on his executing P.R.Bond of Rs.25,000/- with one local surety. (ii) The applicant shall remain on temporary bail for a period of 15 days from the date of operation. (iii) In the event the applicant finds that he is required to remain in hospital for a longer period, in that event, it would be open for the applicant to seek extension of temporary bail. (iv) In the event operation is not be - 5 - performed for any reason on 27th May, 2008, then the applicant shall immediately surrender before the I.O. on the same day. (v) The applicant to inform the correct date and name of the hospital to the I.O. before undergoing by-pass surgery. 9. With the aforesaid order, this application is disposed of. JUDGE JUDGE JUDGE