- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5392 OF 2009 Ashok L. Wadhawa ... Applicant Vs. The State of Maharashtra ... Respondent Mr. C. K. Pendse, for the applicant. Mr. H. J. Dedhia, APP for the respondent. CORAM: V.M. KANADE, J. DATE : 16 th DECEMBER, 2009 P.C.: . Heard the learned counsel for the applicant and the learned APP. The applicant was granted temporary bail for a period of three months by an order dated 24 th September 2009. This Court had granted temporary bail to enable the applicant to undergo liver transplant surgery in Wockhardt hospital at the cost of the applicant. It is now submitted that said surgery could not be performed in the period of three months when the applicant was released on bail. The applicant therefore seeks extension of one month time to undergo the said surgery. - 2 - 2. The learned APP has filed a certificate, issued by the 11 th December 2009 and submitted that the applicant was supposed to take the treatment. In the said certificate dated 11 th December 2009 the following reply has been given by the said hospital authorities- “We are in receipt of your communication dated 8.12.09 concern with treatment advised for the aforementioned patient. Please note that Pt. Mr. Ashok Wadhwa UHID No.223324 had availed consultation of our Hepato- Billiary Surgeon an also of our Hepatologist on dates 05.10.09, 09.10.09, 20.10.09, 17.11.09. These concerned consultants of Liver Specialty have not advised any sort of hospitalization for this patient Mr. Ashok Wadhwa” 3. In view of this report, no extension can be given to the applicant. The applicant shall surrender forthwith to the Hill Line police station, Ulhas Nagar. If the applicant does not surrender, the police authority shall forthwith arrest him. The application is accordingly disposed of. 3. S.O. to 18-12-2009, to be placed high on board. I.O. shall report compliance of this order. Sd/- [V.M. KANADE, J.]