- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.155 OF 2009 APPLICATION NO.155 OF 2009 APPLICATION NO.155 OF 2009 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO.859 OF 2002 APPEAL NO.859 OF 2002 APPEAL NO.859 OF 2002 Jaywant Mahadev Patil Mane ...Applicant vs. The State of Maharashtra ...Respondent Mr.P.B.Kakade for the applicant Mr.J.P.Yagnik A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 3,2009 : MARCH 3,2009 : MARCH 3,2009 P.C.: P.C.: P.C.: 1. Heard Advocate for the applicant and the learned A.P.P for State. This is an application for bail filed by the applicant-accused in an Appeal against conviction. The conviction is for offence punishable under section 307 of the Indian Penal Code. He has been sentenced to suffer simple imprisonment of 3 years and to pay fine of Rs.5,000/-. In default of payment of fine he has been sentenced to suffer S.I for six months. 2. The accused was on bail pending the trial. When the Appeal was admitted by this court on 8th August 2002, a prayer was made by the applicant for bail which was rejected on merits. When the appeal came up before this court on 6th January 2009, it was noticed that the report received from the District Court, Satara dated 27th May 2005 disclosed that the applicant was on bail. After noticing that the application for bail made by the applicant was rejected by order dated 8th - 2 - August 2002, this court directed the Sessions Court, Satara to hold an enquiry and submit a report. Accordingly, the report dated 9th January 2009 has been submitted by the Sessions Court, Satara. In the said report it is stated that on 8th May 2005, Jail Authorities informed the Sessions Court that the applicant was not admitted in the jail for undergoing the sentence. The Sessions Court, Satara issued non bailable warrant against the applicant. Non bailable warrant was executed on 7th January 2009 and the applicant was produced before the Sessions Court. He has been remanded to the Magistrate’s custody until further orders are received from this court. 3. In the present application for bail, it is contended that on 8th August 2002, when the bail application was rejected, while the applicant was walking along Tilak Bridge, Dadar, he fell down and sustained head injuries. He was admitted in K.E.M.Hospital till 12th August 2002. It is submitted that the applicant was not aware that his application for bail was rejected and he was under an impression that his application for bail was granted. It is contended that the present age of the applicant is more than 67 years and the substantive sentence is only of 3 years. It is contended that the applicant is at the fag end of life and that his health condition is fragile. - 3 - 4. In view of the aforesaid contention, a report was called for by this court as regards the health condition of the applicant. The learned A.P.P has placed on record a report dated 2nd March 2009 signed by the Civil Surgeon of Satara as well as the Medical Officer of General Hospital, Satara. After medical examination, the Civil Surgeon has opined that the applicant is physically and mentally normal for his age. 5. The applicant was denied bail on 8th August 2002. On his own showing he was discharged from K.E.M. Hospital on 12th August 2002. Only after warrant was issued by the Sessions Court, he was taken in the custody on 7th January 2009. Though his application for bail was rejected, from August 2002, till January 2009, the applicant did not surrender to undergo sentence. Considering this conduct and considering the report of the Civil Surgeon,Satara no case is made out for grant of bail. 6. If the Appeal is ready for final hearing, the same shall be immediately placed on appropriate final hearing board of the concerned court. 7. If the Appeal is not heard within a period of six months from today, it will be open for the applicant to file a fresh application for grant of bail. - 4 - 8. Subject to what is observed above, application is rejected. JUDGE JUDGE JUDGE