1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO.1234 OF 2010 Chhabibai Vittal Patil . ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri B.R. Warma, Advocate for applicant Shri D.V. Tele, A.P.P. for respondent ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 7th April, 2010 PER COURT: 1. Heard Mr. B.R. Warma, learned counsel for the applicant as well as heard Mr. D.V. Tele, learned A.P.P. for the respondent. 2. This is an application preferred by the applicant, seeking bail in connection with C.R. No.251/2009, registered at Shirpur Police Station, District Dhule for the offences punishable under Sections 376, 363, 366-A, 323, 504, 506 read with Section 34 of the Indian Penal Code and Sections 3, 4 and 5 of Prevention of Illegal Traffic in Women & Girls Act, since the applicant was arrested thereunder on 1.11.2009 and she is under judicial custody 2 presently. 3. At the outset, Mr. B.R. Warma, learned counsel for the applicant, on instructions, has already made statement that the applicant does not press the present application on merits, but requested to consider her application on medical ground and the said statement was already accepted and was recorded on last date i.e. on 1/4/2010. 4. Since the applicant requested to consider her application on medical ground, the concerned jail authority was directed to submit latest medical report of the applicant at the earliest, by directions issued on the said date i.e. on 1/4/2010. Accordingly, the Superintendent, District Prison, Dhule sent the report dated 5.4.2010 to learned A.P.P. of this Court. Mr. D.V. Tele, learned A.P.P. produced the said report on the record. The said report comprises the covering letter of the Superintendent, District Prison, Dhule dated 5.4.2010 and the report of Lecturer in Medicine, Bhausaheb Hire Medical College, Dhule in duplicate. The same are taken on record and marked as Document "X" Colly. On perusal of the contents of the said covering letter dated 5.4.2010 as well as the medical report dated 5.4.2010, it is seen that the applicant Chhabibai Vittal Patil is suffering from diabetes, hypertension, heart disease and paralysis and she is unable to make the movements and she is able to move with the assistance. 3 It is also mentioned in the said report that her health condition is stable presently and she has been discharged from the hospital. 5. It is apparent from the contents of the application as well as the above referred covering letter that the applicant is about 65 years old and she is suffering from various ailments as mentioned hereinabove and although her present health condition is stable and although she has been discharged from the hospital presently, it cannot be overlooked that she has been suffering from paralysis, heart disease, diabetes and hypertension and she is unable to move herself and she requires assistance for walking. 6. Hence, considering the said position, and in the light of the aforesaid medical report, I am of the view that, the present application of the applicant can be considered for temporary bail for the limited period, i.e. one month only on the medical ground to enable the applicant to take the better medical treatment. 7. In the result, present Criminal Application No. 1234/2010 is allowed partly and it is directed that the applicant Chhabibai w/o Vittal Patil be released on temporary bail for the period of one month in connection with C.R.No.251/2009, registered at Shirpur Police Station, District Dhule on furnishing surety in the sum of Rs.15,000/- and on executing P.R. bond in the like amount, on the following conditions. 4 (i) After release on temporary bail as aforesaid, the applicant shall not enter into the limits of Taluka Shirpur till the expiry of period of temporary bail i.e. one month from the date of release. (ii) The applicant shall not tamper with the evidence and/or influence upon the witnesses directly/ indirectly. (iii) After completion of period of temporary bail i.e. one month from the date of release, the applicant shall surrender herself before the concerned jail authority. Criminal Application stands disposed of accordingly. (SHRIHARI P. DAVARE) JUDGE fmp/cri123410