[ 1 ] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION APPLICATION APPLICATION NO.1408 OF 2008 NO.1408 OF 2008 NO.1408 OF 2008 IN CRIMINAL APPEAL NO. 586 OF 2005 Bankim Rasiklal Shah ... Applicant. vs. Union of India & ors. ... Respondents. Mr. Navin Chomal for the applicant. Mrs. M.M.Deshmukh APP for the State. CORAM CORAM CORAM : S.B.Mhase and : S.B.Mhase and : S.B.Mhase and A.A.Sayed, A.A.Sayed, A.A.Sayed, JJ. JJ. JJ. DATE DATE DATE : December 11, 2008. : December 11, 2008. : December 11, 2008. P.C. 1. The applicant-accused is involved in NDPS offence. The appeal is pending. His regular bail application has been rejected by this Court on merit. Even otherwise, under law he is not entitled for bail. He is not also entitled for the parole leave under the Parole Rules. However, since he is suffering from the Cancer, sympathetically a temporary bail was granted to the petitioner as per the order dated 11.11.2008. Since then the applicant got his temporary bail extended by making applications after applications and since he is undergoing a treatment for Cancer, the Court has sympathetically extended the time. Now we [ 2 ] feel that strategically thus the sympathy of the court is being exploited by the appellant. Therefore, we put to the learned Counsel for the applicant what will be the final time required for the treatment of the petitioner. The learned Counsel for the petitioner submits that six weeks time will be a sufficient time and thereafter the applicant will not claim temporary bail on this ground. We take a sympathetic view of the matter and though finally six weeks time is claimed by the petitioner, we grant eight weeks time subject to condition that henceforth no temporary bail will be granted and/or extended by this Court. 3. We further make it clear that the petitioner shall surrender to the Jail Authorities on completion of the aforesaid period of eight weeks and thereafter the Jail Authorities will look after the treatment of the petitioner as per the provisions in the Jail Manual. Therefore the present petition is disposed of with a further direction that the temporary bail already granted to the petitioner shall continue for a period of eight weeks from the date of this order and if the petitioner wants to get himself operated for Hernia or wants to take treatment on any other ailment of any other nature, he should complete all the [ 3 ] formalities and treatments within a period of eight weeks from the date of this order and thereafter he shall surrender to the Jail Authority. Excepting the the period when he is hospitalised, he shall report to the police station, Malad, every day in the morning at 10.00 a.m. 4. The Petitioner shall give an undertaking to this Court that after eight weeks from the date of this order, he will surrender to the Jail authorities and will not make such applications for his release on medical ground. 5. The application is disposed of accordingly. [A.A.Sayed, [A.A.Sayed, [A.A.Sayed, J.] J.] J.] [S.B.Mhase, [S.B.Mhase, [S.B.Mhase, J.] J.] J.]