1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO. 32/2011 (Mahesh Motilal Murab .vs. State of Maharashtra through PSO P.S. Wadgaon Road, Tahsil and Dist. Yavatmal ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. H.D. Dangre Advocate for Applicant. Mr. Sanjay Doifode, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : FEBRUARY 01, 2011 At the hearing of this application initially the learned counsel for the applicant has sought liberty to withdraw the application made for bail on merits and renew the prayer at appropriate stage and leave to press the application for limited relief of granting temporary/provisional bail to the applicant on medical ground. After granting such a liberty and leave while hearing the submission for temporary bail on medical ground and after finding substance in the submission canvassed that the Court of Session in spite of the advice given by the doctors at Wockhardt Hospital as stated in medical papers/certificate dated 13.10.2010 at pages 98, 99 and 100 annexed with the application, the applicant has not received and/or could not avail 2 treatment of PTCA (percutaneous transluminal coronary angioplasty) , still the prayer for continuing temporary bail for availing such a treatment was negatived primarily after considering the pathological reports and affidavit filed on behalf of the applicant, the specific query was made to the learned counsel for the applicant for pointing out the health condition of the applicant as certified by Government doctors and/or private doctors on or about the day on which the prayer was not acceded. The learned counsel was specifically asked whether any prayer was made to the Court of Session for calling such a report qua the health condition of the applicant from the Government doctors. The learned counsel thereon has fairly stated that no such effort was made in view of the certificates of doctors placed on the record at page nos. 98, 99 and 100. The learned counsel has further stated that in the event of an opportunity being given, the applicant is ready for getting such record placed before this Court or before the Court of Session for considering the same for determining merits of his prayer for temporary bail on medical ground. The learned counsel thereon has also prayed for leave to withdraw the application for temporary bail on medical ground under consideration with liberty to approach the Court of Session to make an appropriate application for the said purpose. Since life of any individual is a paramount thing, any application for temporary bail on medical ground can be justly decided only after ascertaining the health condition of the concerned applicant at or about the day of decision of such application. The medical 3 papers to which the attention was drawn relates to an opinion given by a private doctor on 13.10.2010. The same pertains to an ailment to a vital organ. It is unfortunate that no proper record regarding health condition of the applicant after about 45 days thereafter i.e. the day on which the application was rejected , was placed before the concerned Court. Having regard to the same for just decision upon the merits of prayer now tried to be canvassed before this Court, the liberty as prayed deserves to be granted with certain directions. The present application is marked disposed of as withdrawn with liberty to the applicant to prefer the application on merits at appropriate juncture as deemed proper by him. The applicant is also given liberty to apply Court of Sessions, Yavatmal for temporary bail on medical ground, however, only after annexing the medical papers/certificate annexed at page nos. 98, 99 and 100 of this application. He is also permitted to annex other latest medical record/papers upon he would be founding his request for temporary bail. In the event of the applicant making such an application, the Court of Sessions shall call the report from the panel of doctors from Vasantrao Naik Government Medical Hospital, Yavatmal at which the applicant is said to be kept under treatment ,regarding his present health condition and nature of treatment required by him for curing and/or protecting his life from the same i.e. for the ailment as stated in the report/certificates and advice given by the doctors at 4 Wockhardt Hospital at Nagpur. The learned Sessions Judge thereafter shall decide the merits of the prayer for temporary bail for the applicant in the light of the report/record received but again subject to any time bound programme for treatment being given by the applicant i.e. in the event of such a need being found necessary after the receipt of the report. The Sessions Judge shall decide such an application made by the applicant as early as possible and in any event within a period of 10 days from the receipt of the report of the doctors from Government Hospital at Yavatmal. Criminal Application (BA) No. 32 of 2011 stands disposed of as withdrawn and Criminal Application (APPP) No. 35/2011 stands disposed of in the aforesaid terms. Hamdast granted. JUDGE halwai