1 appa.854.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.854 OF 2010 IN CRIMINAL APPEAL NO.926 OF 2004 Shalini Popat Yadav ...Applicant Versus The State of Maharashtra ...Respondent ...... Mrs.Indrayani Koparkar for Applicant. Ms.S.V.Gajre, A.P.P. for Respondent. Mr.P.D.Bhalerao, Dy.S.P. Of Yerwada Central Prison, Pune is present. ...... CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ. DATED:- SEPTEMBER 13, 2010. P.C. 1. This Application is for releasing the Applicant on bail during the pendency of the Appeal on the ground that the Applicant intends to take medical treatment for her diagnosed ailment of cancer. 2. The grievance made before us is that inspite of order dated 6th May 2010, the Applicant has not been offered proper treatment. In the wake of this grievance, we issued notice to Superintendent, Yerwada Central Prison at Pune to explain why the direction contained in Para 6 of the said order 2 appa.854.10.sxw dated 6th May 2010 has not been fulfilled so far. In response to the said notice, the Superintendent, Central Prison at Pune has appeared before us. According to him, in view of the language of the Para 6 of the order, he bonafide believed that the Applicant should be shifted to Tata Memorial Cancer Research Centre, Mumbai only if the physical situation of the Applicant was to worsen further. According to him, the health condition of the Applicant has been stable in the Yerwada Central Prison at Pune. Further, the Applicant was examined at Sasoon General Hospital, Pune on 17th June 2010. The medical opinion of Sasoon Hospital was that no radiation or chemotherapy was required to be administered on the Applicant. It was enough if follow up as per the opinion of the Doctor at Nashik was observed. We find substance in the explanation offered by the Superintendent, Yerwada Central Prison at Pune. 3. Be that as it may, the Applicant has now been shifted to Womens’ Jail at Byculla and is presently being treated at Tata Memorial Cancer Research Centre, Mumbai. 4. In view of the above, question of releasing the Applicant on bail on medical ground, does not arise. 3 appa.854.10.sxw 5. In view of the above, we clarify that the explanation of Superintendent, Yerwada Central Prison, Pune having been accepted, he would be entitled for reimbursement towards TA and DA allowances. 6. The Application is disposed of with direction to the Registry to process the Criminal Appeal under category `accused in jail’ and list the same as per its turn for final hearing. (U.D.SALVI, J.) (A.M.KHANWILKAR, J.)