- 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.886 OF 2009 APPLICATION NO.886 OF 2009 APPLICATION NO.886 OF 2009 Ravindra Kashiram Goregaonkar ...Applicant vs. State of Maharashtra ...Respondent Mr.C.K.Pendse for the applicant Ms A.T.Javeri A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : APRIL 1,2009 : APRIL 1,2009 : APRIL 1,2009 P.C.: P.C.: P.C.: 1. Heard Advocate for the applicant and the learned A.P.P for State. This is the third application for bail by the applicant. First two applications have been rejected by this court and therefore, The present application has been placed before this court. 2. The first ground on which bail is sought is that the applicant is suffering from Tuberculosis and the second ground is that the offence complained of is under section 304,328, 272, 273, 120-B of the Indian Penal Code and the applicant is in custody from 23rd December 2004. 3. As regards the first ground by order dated 21st March 2009, a report of the Medical Officer was called for on the present health condition of the applicant. Accordingly, the report dated 31st March 2009 has been submitted by the Chief - 2 - Medical Officer of Mumbai Central Prison. The said report confirms that the applicant is suffering from Tuberculosis. The report records that the applicant has undergone the treatment of J.J.Hospital. The report also records that in order to facilitate fast recovery, he may be ordered to be admitted at J.J.Hospital Prisoners’ ward as his pulmonary tuberculosis is associated with uncontrolled diabetes. 4. The learned Advocate for the applicant submitted that in view of the said report, the applicant may be granted bail to enable him to avail of the best possible treatment in the private hospital and he may not be compelled to undergo the treatment in J.J.Hospital. 5. As far as progress of the trial is concerned, the learned A.P.P. states that a revision application is pending in this court, but this court has not granted stay to the proceedings. 6. Considering the nature of allegations against the applicant and the material against the applicant as reflected from the earlier orders of this court passed on 14th July 2005 and 30th June 2006, as of today, no case is made out for grant of bail. 7. However, the applicant shall be admitted at J.J.Hospital Prisoners’ Ward for requisite treatment. As there is no stay - 3 - granted by this court to the pending case, the learned Sessions Judge will ensure that all further steps are taken so that trial commences expeditiously. 8. Subject to directions issued above, application is rejected. JUDGE JUDGE JUDGE