1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.515 of 2009 IN Criminal Appeal No.859 of 2006 Sohail Abdul Rashid Shaikh .. .. Applicant v/s. The State of Maharashtra .. .. Respondent Mr.Amin Solkar for Applicant. Mrs.M.M. Deshmukh, APP for State. ---- CORAM : B.H. MARLAPALLE & SMT.ROSHAN DALVI, JJ. Dated : 29th September, 2009 P.C. : 1.Heard Mr.Solkar, the learned Counsel for the Applicant, who is the Appellant (original accused No.1) in Criminal Appeal No.859 of 2006. 2.In this second Application for bail, he prays for being released on two grounds, namely, his shoulder requires medical treatment and time lapse inasmuch as he has been in jail for the last about nine years. 3.As far as the first ground is concerned, we had called upon the learned APP to call for the medical report and the Central Prison, Nagpur, has forwarded a communication dated 9.9.2009 to the learned APP on fax. It is clear that the Applicant is a case of recurrent 2 dislocation of both his shoulders and his shoulders come out of socket repetitively which causes him disability but is not a risk to his life. He has been treated at the Government Medical College, Nagpur, as well as the Orthopedic Department at Grant Medical College and Sir J.J. Group of hospital, Mumbai, where he was admitted from 28.2.2009 to 2.5.2009. On his complaint of chest pain, investigations were done on 25.3.2008 and his 2D Echo cardiography and colour doppler were done on 29.3.2008 and was found to be normal. His investigation for TB done on 12.6.2009 was found to be negative. The report further states that in case his treatment at Nagpur is not possible, he would be sent to the higher centre like J.J. Hospital at Mumbai and necessary treatment for shoulder dislocation is available at the Government Hospital at Nagpur and the treatment is being provided to him at Government cost. 4.As far as the second ground is concerned, it would be appropriate that Criminal Appeal No.859 of 2006 filed by the Applicant along with Criminal Appeal No.1497 of 2003 filed by original accused No.2 is listed for final hearing in the present board. 5.Hence, the Bail Application is rejected and it is directed that Criminal Appeal No.1497 of 2003 and 3 Criminal Appeal No.859 of 2006 along with any other connected Appeal, be listed for final hearing in the present board. [SMT.ROSHAN DALVI, J.] [B.H. MARLAPALLE, J.]