1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 436 OF 2009 IN CRIMINAL APPEAL NO. 1243 OF 2008 Vivek @ Yogesh Shankarrao Padwal ... Applicant Vs. The State of Maharashtra ... Respondent Mr. Rajesh Bindra, Advocate for Applicant. Mr.P.A. Pol, APP for State/Respondent. CORAM: B.H. MARLAPALLE & SMT. ROSHAN DALVI, JJ. August 07, 2009. P.C. 1 We have heard Mr. Bindra learned counsel for Applicant and Mr. Pol learned APP appearing for the State. We have seen the reports submitted by the Superintendent of Yerwada Central Prison as well as Chief Medical Officer. Mr.Pol has also placed letter dated 06.08.2009 addressed to this court by the President of Medical Board constituted at Sasoon Hospital, Pune. It is clear from the record placed before us that the applicant in spite the fact he was taken to the Sasoon Hospital on the last 5/6 days, could not be examined by the Medical Board and his condition is serious. The applicant is permanent resident of Pune. His cousin Mr. Tushar Padwal and wife Mrs. Pournima Vivek 2 @ Yogesh S. Padwal are present before us and have filed an affidavit undertaking that they will attend to the medical treatment of the applicant, are willing to stay with him and also produce him before the police station if directed. 2 As per the information furnished by Mr. Pol learned APP, ART is attached to Sasoon Hospital at Pune and it is the only Government recognized centre for dispensing treatment to HIV positive patients. Both undertake that the applicant shall be taken to the said Centre for treatment and he will be produced before the Meidical Board at Sasoon Hospital. 3 Hence, we allow this application and direct that the applicant be released on bail on furnishing bail bond in the sum of Rs.10,000/- and one surety in the like amount, on the condition that applicant shall report to the nearest police station i.e. Faraskhana Police Station at Pune every day between 5 to 7 p.m. 4 As a matter of clarification we may mention that this order of suspending sentence has been passed taking into consideration extra ordinary circumstances of this case. 5 Parties to act on the authenticated copy of this order. Sd/- sd/- (SMT. ROSHAN DALVI, J.) (B.H. MARLAPALLE, J.)