Nitin W. Sambre, J.:— This is an application seeking temporary bail on medical ground in Crime No. I-497 of 2017, registered with Khed Police Station, Pune, for the offences punishable under Sections 304-B, 306, 498-A, 323, 504, 506 read with 34 of Penal Code, 1860.
2. The applicant-accused came to be arrested on 15 November, 2017 and he is facing trial in the aforesaid crime.
3. I am informed that no Charge is framed against the applicant till date.
4. The applicant has relied on the medical certificate issued by Doctor. This Court on 22 December, 2020 has directed the applicant to file affidavit in case he intends to get medical bail, thereby placing on record the consent of the Doctor or the Hospital, who would continue the treatment. Learned counsel for the applicant submits that the father of the applicant has contacted the Doctors of Dinanath Mangeshkar Hospital and other private hospitals, where they intend to administer the treatment, however, Doctors have refused to issue consent form in absence of physical examination of the patient.
5. I have perused the medical report given by the Chief Medical Officer, Yerwada Central Prison, Pune on 21 December, 2020, so also the other report of 5 December, 2020. It has come on the record that the applicant was admitted and undergoing cancer treatment at Sasoon General Hospital, Pune under the guidance of cancer experts. The physical condition of the applicant appears to be deteriorating and it is also certified that the Applicant needs special personal care and diet to overcome the life threatening disease.
6. In the aforesaid background i.e. serious ill-health of the applicant, in my opinion, the applicant is entitled for temporary bail on medical ground.
7. I am informed that at present, the applicant is with Sasoon General Hospital. Hence, I pass following order:
i) The application is allowed.
ii) The applicant be enlarged on temporary bail for a period of four weeks in Crime No. I-497 of 2017, registered with Khed Police Station, Pune, for the offences punishable under Sections 304-B, 306, 498-A, 323, 504, 506 read with 34 of Penal Code, 1860, on furnishing P.R. bond in the sum of Rs. 15,000/- with one or more solvent sureties in the like amount.
iii) The father of the applicant shall file an affidavit about his further course of treatment to be administered at private Hospitals alongwith Doctor's certificate as directed by earlier order within a period of two weeks from release of the applicant.
8. Place this matter before this Court on 17 March, 2021 for further orders.
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