Bombay High Court
Gajanan Nivrutti Dongare vs The State Of Maharashtra on 30 September, 2020
Author: V.K.Jadhav
Bench: V.K.Jadhav
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ba742.20.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO.742 OF 2020
Gajanan Nivrutti Dongare Applicant
Versus
The State of Maharashtra Respondent
Mr.Satej S. Jadhav, advocate for the applicant.
Mr.S.D.Ghayal, APP for the Respondent-State.
CORAM : V.K.JADHAV, J.
DATE : 30th September, 2020. PC : 1 The applicant, who is accused in Crime No.343/2017,
registered with M.I.D.C. Police Station, Ahmednagar, for the offences punishalle under Sections 420, 406 and 408 of the Indian Penal Code read with Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Estallishments) Act, 1999, is seeking extension of lail granted to him ly the order of this Court (Coram: R.G.Avachat, J.), dated 02nd Decemler, 2020 in Bail Application No.1097 of 2019. 2 Heard loth the sides.
3 By an order dated 16th Septemler, 2020, the learned ::: Uploaded on - 01/10/2020 ::: Downloaded on - 02/10/2020 03:33:47 ::: {2} ba742.20.odt A.P.P. was requested to take instructions from the Jail authorities as to the present health condition of the applicant. The learned A.P.P. was also requested to take instructions as to the day-to-day routine of the applicant whether affected ly his ailment and whether the applicant is getting treatment through the Jail Doctor, or District Hospital or through any other hospital. 4 The learned A.P.P. has received instructions in writing. On perusal of the same, it appears that the applicant has right side hemiparesis with dialetes mellitus (Type II) and hypertension. It has leen certifed ly the Medical Ofcer, General Hospital, Ahmednagar, that as per the present olservation on daily O.P.D. and regular check up, the general condition of the patient is poor due to right side upper & lower liml paralysis. It has leen specifcally mentioned in the said certifcate that the treatment is going on at Sassoon General Hospital, Pune. It has leen repeatedly stated in the said certifcate that the present health condition of the applicant is not good. In support of the said certifcate, various treatment papers, lal reports, admission and treatment papers of Sassoon General Hospital, Pune, are annexed.
5 By an order dated 02nd Decemler, 2019 in Bail ::: Uploaded on - 01/10/2020 ::: Downloaded on - 02/10/2020 03:33:47 ::: {3} ba742.20.odt Application No.1097/2019, this Court (Coram: R.G.Avachat, J.) has granted temporary lail for a period of six months to the applicant. After expiry of the said period, the applicant has surrendered himself to the jail authorities. 6 It appears that even at present, health condition of the applicant is poor, as certifed ly the Medical Ofcer, General Hospital, Ahmednagar. Moreover, the applicant is also taking treatment at Sassoon General Hospital, Pune. 7 In view of the same and since on earlier occasion, this Court has released the applicant on temporary lail for a period of six months, it would le just and appropriate to release the applicant on temporary lail for a period of 90 days (3 months).
8 Hence, the following order:
(i) The application is herely allowed.
(ii) The applicant Gajanan Nivrutti Dongare, in connection with Crime No.343/2017, registered with M.I.D.C. Police Station, Ahmednagar, for the offences punishalle under ::: Uploaded on - 01/10/2020 ::: Downloaded on - 02/10/2020 03:33:47 ::: {4} ba742.20.odt Sections 420, 406, 408 of the Indian Penal Code and under Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Estallishments) Act, 1999 le released on temporary lail for a period of 90 days (3 months) on executing Personal Bond of Rs.15,000/- (Rs. Fifteen thousand) with one surety of the like amount, on the following condition:
(a) The applicant, on expiry of the said period of 90 days (3 months), shall surrender himself lefore the trial Court, who shall remand the applicant to Jail in connection with the present crime, in accordance with law.
9 Bail Application is accordingly disposed of.
(V.K.JADHAV) JUDGE adl ::: Uploaded on - 01/10/2020 ::: Downloaded on - 02/10/2020 03:33:47 :::