1 appa-1341-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 1341 OF 2010 IN CRIMINAL APPEAL NO. 280 OF 2005 Shyam Gopal Yadav. ..Applicant /Appellant. versus The State of Maharashtra ..Respondent Mr N.N.Gawankar i/by Arfan Sait for the Applicant. Mr Y.S. Shinde, Additional Public Prosecutor – for Appellant / State. CORAM : D. D. SINHA AND A. P. BHANGALE, JJ. DATED : 28TH OCTOBER, 2010. P.C. : 1. Heard the learned Counsel for the applicant and learned Additional Public Prosecutor for State. 2. The learned Counsel for the applicant has submitted that though the Criminal Application No. 1341/2010 is filed under Section 399 of the Code of Criminal Procedure. However, the applicant is seeking release from the 2 appa-1341-10 prison on the ground of ill health and for medical treatment and, therefore, prayed that the present criminal application for bail may be treated as an application for grant of parole. 3. Considering the purpose for which the criminal application is filed, it will be appropriate to treat the present criminal application, though filed by the applicant for bail, as application for parole. 4. The learned Counsel for the applicant submitted that the applicant while undergoing sentence at Central Prison Nashik, has developed gangrene in his left leg. However, because of delay which is caused in providing the medical treatment to the applicant, his left leg was required to be amputed. It is submitted that, at later point of time, the applicant has now developed a similar type of problem in his right leg and, therefore, he was referred to the J.J. Hospital, Mumbai. He was admitted in the said hospital. The doctor, who has examined him, opined that it is necessary to perform surgery on the right leg of the applicant. However, cost of the operation was Rs.60,000/-. The applicant was discharged from the said hospital on 14.10.2010 and now is undergoing sentence in Byculla Prison. 5. The learned Counsel for the applicant has submitted that the applicant, in the circumstances, may be released on parole for a period of 30 days, so that the applicant can arrange for necessary money for the purpose of surgery as well as contact a private medical practitioner for proper 3 appa-1341-10 treatment. 6. The learned Additional Public Prosecutor has not disputed that the applicant on earlier occasion developed gangrene to his left leg which was amputed and was also referred to the J.J. Hospital, Mumbai for treatment to his right leg. 7. Considered the contentions canvassed by the respective counsel for the parties. In the backdrop of the above facts, we are of the view that case is made out for grant of parole for a period of 30 days from the date of release. 8. In the circumstances, the applicant be released on parole for the period of 30 days from the date of release, on his furnishing a PR bond of Rs.10,000/-and surety in the like sum by the authorities concerned by following due procedure applicable in this regard. 9. Criminal Application is disposed of accordingly. All concerned to act on an authenticated copy of this order. (D. D. SINHA, J.) (A. P. BHANGALE, J.) 4 appa-1341-10