abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 359 OF 2008 Umesh Chunnilal Dedhia .. Applicant V/s The State of Maharashtra .. Respondent Mr.K.T. Thomas for the applicant. Mr.D.P. Adsule, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 11TH FEBRUARY 2008 P.C. P.C. P.C. : 1. Heard. 2. By this application, the applicant, who is in custody since 29th December 2007, seeks bail in connection with C.R. No.135/2007 registered by D.C.B., C.I.D., Property Cell, Mumbai for the offence punishable under sections 395, 353, 450, 406 and 412 of the Indian Penal Code. 3. Previous application for bail bearing No.77 of 2008 has been rejected by the Sessions Court by order - 2 - dated 24th January 2008. Learned counsel for the applicant does not press for bail on merits but submits that the applicant be granted bail on two grounds, namely illness and compassion. 4. According to the applicant, he is a patient of diabetes and was operated for Fascrotomy on 7th May 2007. The wound of the operation is still not cured and therefore the applicant should be granted bail. No convincing medical evidence has been produced to show that the wound of the operation, which has taken place nearly 9 months ago, has not been cured and the applicant is required to be released on bail for its treatment. Learned counsel for the applicant states that the applicant is diabetic presently admitted in the J.J. Hospital where he is receiving treatment. It is not shown that the disease of the applicant is such that it cannot be treated in the J.J. Hospital which is a government general hospital with more than 1000 beds. Hence, I see no reason for granting bail to the applicant on the ground of alleged illness. 5. The applicant submits that he has a child aged 2 years and therefore the presence of the applicant is necessary for the purpose of treatment of his child. The applicant’s child was admitted in Dr.Karmarkar Hospital on 18th December 2007 and was discharged on the - 3 - same day as can be seen from the discharge card, a copy of which is annexed at Exhibit-F to the application. It cannot be said that the presence of the applicant is required for the treatment of the child who wad admitted and discharged on the same day for treatment in connection with some infection. In the circumstances, ground of compassion also does not stand scrutiny. 6. In the circumstances, the application is rejected. (D.G. KARNIK, J.)