1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPA) No. 768/2010 in Criminal Appeal No. 150/2008 Bandu @ Vijay Kawale vs. The State of Maharashtra, through its P.S.O. Buldhana. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. Mr. A.M.Patil, Advocate holding for Mr. A.S.Mardikar, Advocate for the applicant. Mr. T.A.Mirza, APP for the respondent. CORAM : MRS. V.K.TAHILRAMANI & P.B.VARALE, JJ DATE : 8.3.2011 Heard the learned counsel for the applicant and learned APP for the respondent. 2. The applicant is seeking temporary bail on two grounds. The first ground is that his wife as of today is 8½ months pregnant and there is no one to look after his wife as both the parents of the applicant are very old in age. Moreover, the father is suffering from problem in both his knees due to which he requires surgery of both the knees. 3. From the report filed by the learned APP it is seen that the parents of the applicant reside with him and 2` the family of the applicant consists of his wife and aged parents. In the reply filed by the State, it is admitted that the wife of the applicant is about 8½ months pregnant as of today. It is also admitted that the father of the applicant is having problem of both knees joint for which he requires surgery. 4. The learned APP, however, pointed out that the applicant had earlier preferred an application for bail on the ground of medical problem of his father, which application came to be rejected. However, at that time the report did not state that surgery was necessary whereas the present report states so. Moreover, at that time, there was no ground raised that the wife of the applicant was pregnant and she was under medical treatment. The learned APP on instructions states that the wife of the applicant is taking treatment in a Hospital in Jalna and the medical certificate shows that wife is due for delivery on 20.4.2011. This additional ground was not in existence at the time of earlier application. Looking to the ill- health of his wife, the fact that she is due for delivery and the fact that his father requires surgery, we are inclined to grant temporary bail to the applicant. Hence, the following order. i) The applicant to be released on bail in the sum of Rs. 25,000/- with one or two sureties to make up the 3` said amount. ii) During the period that the applicant is on bail, the applicant to report at Police Station, Buldana City once in a week. iii) It is made clear that this bail has been granted only for a temporary period of four months. On expiry of four months from the date of release on bail, the applicant shall surrender back to prison. The application is allowed in the above terms. JUDGE JUDGE patle 4`