1 skshinde IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.166 OF 2010 in CRIMINAL APPEAL NO.571 OF 2010 Vishal Ramdas Gaikwad ..Applicant vs State of Maharashtra ..Respondents Mr.S.K.Shinde for Applicant Mr.S.A.Shaikh APP for Respondent. CORAM : N.D.DESHPANDE,J. DATED : February 28, 2011 P.C. 1. This is a Bail Application by the Applicant-Original Accused no.4 namely Vishal Ramdas Gaikwad who has also preferred a separate Appeal numbered as Appeal No.571 of 2010 against the judgment and order dated 8.7.2010 passed by Additional Sessions Judge, Nasik in Sessions case No.28 of 2007. 2. The applicant came to be jointly charged and tried for various offences under sections 376, 384,506 (2), 323 r/w 34 IPC and under section 155(a 147) of Indian Railway Act, 1989. He was held guilty and sentenced to suffer 7 years R.I. and fine of Rs.2000/-i/d to suffer S.I.for six months each and all sentences ordered to run concurrently though ordered separately. 2 skshinde 3. It is informed that the applicant is in custody from the date of his arrest made in 2005. They were arrested and after remand, were on bail during trial which concluded and resulted in his conviction. The impugned judgment is dated 8.7.2010. The bail of the applicant and his other co-accused were cancelled and they were taken into custody back. 4. The present application is based on merits so also on medical grounds. A report from the Department of Medicine, Grant Medical College and Sir. J.J.Gr.of Government Hospitals, Mumbai was called. The detailed report is submitted by the Associate Professor. Perused the medical report. The applicant was unconscious when admitted in hospital on 3.2.2011 at about 8.43 p.m. It has also referred to the Discharge card issued by Jilha Rugnalaya, Nasik where he was admitted on 16.1.2011 to 31.1.2011 with diagnosis of CVA (cereleronascular attack) with left 3rd Nerve palsy. He was also referred to examination by Neuro Physician. He has also undergone various investigations and his treatment still continues. The picture thus is clear that he requires a prolong treatment the cost of which applicant shall bear as told by the learned counsel for the applicant and this application is made on instructions of his mother. It is also told that for recovery it takes at least 3 to 4 months. Thus, this application is made for bail. The Applicant has restricted his prayer for his release mainly for treatment and recovery for a period of six months. 5. Heard Mr.Shaikh learned APP. So far as the 3 skshinde medical ground is considered he has not objected to provide his Bail Application is limited to that period namely for a period of six months. However, he should be taken back in custody and return to jail thereafter on such terms and conditions. 6. I have also heard Mr.Shinde on merits of the case. According to me the impugned judgment in some part is favourable to him. The learned trial court discarded the prosecution case of common intention on the part of gang rape. The incident is done by some evils in society who were traveling in a train with intention to commit offences like robbery/theft of valuable belonging to commuters traveling by Pavan Express on 6.12.2005. The prosecutrix was allegedly raped by accused no.2.one of the group members. There is no such act of rape committed by the applicant. However, he did not argue much on the part of merits at this stage. 7. In the light of above submissions, I have perused the impugned judgment and order of conviction. So also medical papers for deciding his Bail Application. After hearing both the sides, this Bail Application can be considered on the following terms and conditions : (i) The applicant (Orig.Accused No.4) shall be released on bail in the sum of Rs.10,000/- with one or two sureties in the like amount. Bail bonds shall remain in force for six months and thereafter applicant shall surrender to the jail custody. The sureties shall 4 skshinde report to jail authority about the health of the applicant after every two months, so also this court. Needless to mention that this Bail Application is not decided on merits of the case or decided by the trial court and therefore grant of order of bail cannot be claimed on parity by any other accused involved in this case. Cash security of Rs.10,000/- may be accepted in lieu of surety for immediate release considering his health condition till he arranges for regular surety for one month. Application is allowed and accordingly disposed of. C.C. expedited. N.D.DESHPANDE, J