Bombay High Court
Walmik Asaram Jaybhaye vs The State Of Maharashtra And Another on 10 October, 2023
Author: S. G. Mehare
Bench: S. G. Mehare
2023:BHC-AUG:21865
1 902-BA.1461-23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
902 BAIL APPLICATION NO.1461 OF 2023
WALMIK ASARAM JAYBHAYE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Applicant : Mr. S. B. Joshi, Mr. M. D. Swami i/b
J. P. legal Associates.
APP for Respondent/s-State : Mr. S. P. Tiwari.
Advocate for Respondent No.2 : Mr. Narwade Patil Ravindra B.
(Appointed through Legal Aid).
...
CORAM : S. G. MEHARE, J.
DATE : 10.10.2023
PER COURT :-
1. Heard the learned counsel for the applicant, learned APP
for the respondent-State and learned counsel appointed for the
victim/respondent No.2.
2. This is a successive bail application of the applicant for
bail in Crime No.42 of 2023, registered at Phulambri Police
Station, District Aurangabad, for the offences punishable under
Sections 363, 376(2)(N), 376(3), 109 of the IPC and Sections
4, 6 and 17 of the Protection of Children from Sexual Offences
Act.
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3. The change-in-circumstance is that due to paralysis the
applicant become unable to pursue his regular pursuits. He
requires the assistant for his daily natural activities.
4. Learned counsel for the applicant referred to the letter of
Superintendent of Jail, dated 17.07.2023 addressed to the
learned Additional Sessions Judge, Aurangabad along with the
medical papers and the observations recorded by the treating
Doctor at Government Medical College and Hospital,
Aurangabad. On the basis of these documents, the temporary
bail was granted to him. Subsequently, some medical
certificates have been produced. The document of Asha
Kendre, Badnapur supports the contentions of the applicant.
However, two other certificates of fitness does not disclose that
the applicant was treated for paralysis.
5. Learned counsel appointed for the victim/respondent
No.2 has vehemently opposed the bail application. He argued
that the Doctors issuing the false medical certificates of fitness
shall be prosecuted and the bail cannot be granted as those
certificates show that the applicant was fit to resume his duty.
He would also submit that there is nothing on record to show
that the applicant is suffering from such a disease that he
cannot pursue his routine life. He would submit that the
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offence is serious. The victim was 9 th standard girl. The
applicant took the disadvantage of having the driver of the
school bus and committed the serious offence.
6. Learned APP for the respondent-State would submit that
considering the gravity of the offence, it would not be
appropriate to grant the bail.
7. The bail has been sought on the sole ground of his
physical inability to perform his natural acts due to paralysis.
The contention of the applicant is supported with the letters of
the Superintendent, Central Prison, Aurangabad and the
Medical Examination Report and the opinion advised of the
treating Doctor from the Government Medical College,
Aurangabad. Reading this material, there is no reason to doubt
that the applicant's condition is not good and he requires the
assistant for his natural acts. The medical certificate showing
that he is fit to resume is appears a printed proforma. The
medical certificate of dated 03.10.2023 is regarding the
complaints of suffering from backache and fever. The said
Doctor had treated him only for the complaints of the accused.
Considering these documents with the papers of the
Government Medical College, the physical condition of the
applicant wound not change.
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8. The applicant has a good case for bail as he is suffering
from paralysis and requires continuous assistance. His mother
has already submitted affidavit before the learned Sessions
Court, that she would take his care. Hence, the following
order:
ORDER
(i) Bail Application is allowed.
(ii) The order dated 15.09.2023 is confirmed.
(iii) Applicant WALMIK ASARAM JAYBHAYE has already furnished P.B. and S.B. before the Court on the conditions that he will not avoid the attendance of the trial without any substantial reason or ground.
(iv) Condition Nos.1 and 3 of order dated 15.09.2023 shall continue.
(v) The Secretary, High Court Legal Services, Sub-
Committee, Aurangabad do pay the legal fees to the appointed advocate appearing for respondent No.2/victim as per the schedule.
(S. G. MEHARE, J.) ...
vmk/-
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