IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO.664 OF 2022

Sharad Shivaji Ahire

…. Applicant

Versus

The State of Maharashtra

…. Respondent

Dr. Abhinav Chandrachud i/b. Mr. Premkumar Pandey for the Applicant.

Ms. P.N. Dabholkar, APP for State

CORAM : N.J. JAMADAR, J.

Date : 24th June, 2022

P.C. :

1. Heard the learned counsel for the applicant and the learned APP.

2. The learned counsel for the applicant seeks leave to amend the application.

3. Leave granted. Amendment be carried out forthwith

4. The applicant Sharad Shivaji Ahire is arraigned in C.R. No.607 of 2021, for the offences punishable under sections 120B, 406, 409, 420, 464, 465, 467, 468, 469, 470, 471, 201 r/w. 34 of the Indian Penal Code, 1860 (“the Penal Code”). The applicant has been in custody since 09.11.2021.

5. The application is pressed for temporary bail on medical grounds. The applicant asserts that the he had undergone an operation on 10.02.2021 at Prayas Hospital, while he was admitted thereat, with alleged H/O R.T.A. with Head Injury with Fracture femur, Proximal Femoral Nail (PFN) was implanted. The Medical Officer had advised to remove the PFN after 9 to 12 months.

6. The application is supported by a certificate issued by the Prayas Hospital dated 22.01.2021. The certificate inter alia records as under:-

“Removal of PFN will be the same surgery what it was done. Post of surgery he will need rest of 3 to 4 months and after that he need physiotherapy for 2 months. Its expenses will be around 70 to 75 thousand with hospital, medical, operative, anesthesia.”

7. This Court had directed the Superintendent, Nashik Central Prison to submit a medical report. On 18.05.2022, the Chief Medical Officer, Nashik Central Prison, submitted a report. It was, inter alia, opined that the patient needs ‘active intervention’ implying surgery for removal of the implant.

8. On 20.05.2022 when the matter was listed before the Court, the applicant expressed a desire to undergo implant removal surgery at Prayas Hospital, Malegaon. The applicant was thus directed to be examined at Prayas Hospital.

9. A Communication addressed by the Prayas Hospital, on 11.06.2022, is tendered for the perusal of the Court. It indicates that on 11.06.2022 the applicant was examined by Dr. Nilesh Loya and he was advised to remove PFN as early as possible. The applicant would require 7 to 10 days hospital stay and, post operation, 2 to 3 months rest, with physiotherapy.

10. From the perusal of medical report submitted by the Chief Medical Officer, Nashik Road Central Prison and the Communication by Prayas Superspeciality Hospital Pvt. Ltd., it becomes abundantly clear that the applicant requires immediate surgical intervention for removal of the implant. The process of removal is stated to require 7 to 10 days hospitalization followed by 2 to 3 months rest.

11. In view of the aforesaid submissions, I am inclined to release the applicant on medical bail for the period of 3 months. Hence, the following order:-

(i) The applicant be released on bail, on medical grounds, till 30.09.2022, on furnishing a PR Bond in the sum of Rs.25,000/- and one or two sureties in the like amount.

(ii) The applicant shall not tamper with the prosecution evidence and/or give threat or inducement to any of the prosecution witnesses.

(iii) The applicant shall not leave the limits of Nashik District without the prior permission of the Ld. JMFC.

All concerned to act on an authenticated copy of this order