IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.676 OF 2009 IN CRIMINAL APPEAL NO.442 OF 2006 Nandkumar Gangadhar Gupta ... Applicant Vs. The State of Maharashtra ... Respondent Ms. S.D. Khot for the applicant. Ms. A.S. Pai, Additional Public Prosecutor for the State. CORAM: SWATANTER KUMAR, C.J. & S.C. DHARMADHIKARI, J. DATE : 6TH JULY, 2009 P.C.: Report from the Professor and Head, Department of Surgery, Grant Medical College and Sir J.J. Group of Hospitals, Byculla, Mumbai has been received. As per that report, the applicant is not suffering from any disease. 2. Applicant could not justify that he is still not suffering from the disease and he has already overstayed for the period which was allowed to him which we have extended. In these circumstances, we dismiss the application and direct the applicant to surrender by day after. The learned Additional Public Prosecutor appearing for the State shall seek instructions day after and inform the court in the event he does not surrender. Application is dismissed. Parties to act on the authenticated copy of this order. CHIEF JUSTICE S.C. DHARMADHIKARI, J.