IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3542 OF 2009 Ashok Lakhumal Wadhwa ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ..Respondent. Mr.I.S.Thakur i/by Ms.Shraddha Y. Mohite, Adv. for the applicant. Mr.Y.M.Nakhwa, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 24th Sept., 2009. PC: The present application is being pressed for temporary release on medical ground for taking treatment. The applicant had placed on record a certificate issued by the doctor attached to Wockhardt hospital dated 8.9.2009which suggests that the condition of the applicant's liver has deteriorated and liver transplant surgery is recommended. In that view of the matter it is prayed that the applicant be permitted to undergo liver transplant surgery in Wockhardt hospital at his own costs. Learned APP on instructions from IO submits that the IO has made inquiry from Wockhardt hospital touching the certificate indicating treatment. The applicant proposes to seek admission in the hospital on 5.10.09 and within few days there from transplant surgery would be performed after fixing the schedule for operation and matching the donors. About the fact of ailment and the proposed treatment there is no dispute. Learned APP has submitted that even in the past the applicant was released on temporary bail for medical treatment however escort was directed having regard to the apprehension of the 1 respondent that the applicant would tamper with the evidence. Similar apprehension is expressed even now. In that view of the matter I pass the following order: The applicant shall be admitted to Wockhardt hospital on 5.10.2009 for liver transplant surgery at the costs of the applicant under police escort of two guards in plain clothes expenses of which will be borne by the applicant. This order shall operate for a period of two months. The applicant shall be released on temporary bail for medical treatment under police escort for a period of two months. After the treatment is over or on expiry of period of two months which ever is earlier the applicant shall surrender to jail authorities. Application stands disposed of. Liberty is granted to the applicant to move an appropriate application after a period of three months for bail. 24.9.2009. 2