-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRI. APPELLATE JURISDICTION APPLICATION NO.45 OF 2008 IN APPEAL NO. 180 OF 2006 Hussain Kasim Shaikh ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.Rahul Kadam with Mr.U.P.Warunjikar Advocate for Applicant Mrs.A.A.Mane APP for Respondent-State Jail Superintendent Mr.Rajendra Dhamne is present C.M.O. Dr.Ashok Shankar Mane is present ... CORAM: S.B.MHASE & CORAM: S.B.MHASE & CORAM: S.B.MHASE & SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE : FEBRUARY 29, 2008 DATE : FEBRUARY 29, 2008 DATE : FEBRUARY 29, 2008 P.C. P.C. P.C. 1. Heard both sides. 2. The applicant has approached this Court for permanent bail on medical ground. According to the applicant, the applicant is a patient of paralysis and heart disease and he is not in a position to stay in the Jail. 3. In order to ascertain genuineness of the case, the Medical Officer of the prison and the -2- Superintendent of Prison were directed to file affidavit. Both of them have filed affidavits stating that the applicant is a known case of hyper tension with ischaemic heart disease with right stroke (paralysis) and he is unable to walk. He requires support to do day-to-day work. It is further stated that his general health condition is moderate and weakness present due to paralysis involving right lower limbs and right upper limb of grade II and grade III respectively. The Jail Superintendent has filed affidavit stating that under these circumstances and condition, it is not possible to maintain upkeep and treat the said applicant in Jail having medical facilities from the available resources. Taking into consideration all these aspects and having found that the appeal is pending before this Court, we grant permanent bail to the applicant-accused till the final disposal of the appeal on applicant furnishing surety of Rs.10,000/- and P.R. bond of Rs.10,000/-. 4. Application is disposed of. [SMT.V.K.TAHILRAMANI,J.] [ S.B.MHASE, J.]