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Uddhav Baburao Ugale vs The State Of Maharashtra on 28 January, 2019

Sherla V.

appp.102.2019_4.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION No.102 OF 2019
IN
CRIMINAL BAIL APPLICATION NO.2991 OF 2018

Uddhav Baburao Ugale … Applicant
Vs.
The State of Maharashtra … Respondent

Mr.Sumant Deshpande for the Applicant

Mr.A.R. Patil, APP, for the Respondent – State

CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: JANUARY 28, 2019

P.C.:

1. This is a fourth bail application by the applicant/accused

exclusively on medical ground. The first Bail Application No.2605

of 2016 was dismissed by this Court on 4.1.2017. The

applicant/accused is the father in law and is facing charges under

sections 302, 304B, 498A r/w section 34 of the Indian Penal Code.

The offence was registered on 12.8.2018. The applicant was

taken in custody on 12.8.2018 and since then, he is in prison.

2. The second Bail Application No.1041 of 2017 was rejected

by this Court on 28.9.2017. Thereafter, a third Bail Application was

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filed being Bail Application No.2991 of 2018, which is pending and

in the said Bail Application, the present application for bail i.e.,

application No.102 of 2019 is filed.

3. The learned Counsel for the applicant/accused submits that

the present application is exclusively on medical grounds. He

submits that the applicant/accused, who is 57 years old, is not

seeking bail on merits but as the applicant/accused is sufering

from Cancer, he is required to be shifted to a multi-speciality

private hospital for good treatment for further diagnosis and proper

treatment.

4. This Court by order dated 23.1.2019 passed in this

application had directed to get the medical report of the acused

person as to whether he is suffering from Cancer and what is the

stage. Pursuant to this order, today, an Associate Professor,

Department of Medicine, Grant Government Medical College Sir,

J.J. Group of Hospitals, Mumbai remained present and has

submitted a report through the learned Prosecutor, which is taken

on record and marked Exhibit 1 wherein it is mentioned that the

JJ hospital has received referral letter from Nasik Civil Hospital

stating about tissue mass in right lung and with a complaint of

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chest pain and cough with backpain. Now, the patient is admitted

in the JJ hospital under Dr.S.D. Bhaisare and it is informed in

writing by the hospital that in known cases of mass in lung findings

is suggestive of splenic metastisis and they need to go for further

invasive tests.

5. The learned Counsel for the applicant/accused submitted

that the patient wants to take treatment in the private multi-

speciality hospital and, therefore, he is to be granted bail. He also

submitted that the father of the deceased is examined and as on

today, 7 witnesses are examined.

6. Learned Prosecutor is present and while submitting to the

orders of the Court, prayed that the bail is to be granted only for a

limited period.

7. In view of the above, the applicant is granted bail only on

medical ground on the following terms:

i) The applicant/accused shall be released on bail upon

furnishing P.R. Bond in the sum of Rs.30,000/- with one or

two sureties in the like amount;

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ii) The applicant/accused shall not leave India without

permission of the Court.

iii) The applicant shall submit documents of his address

and whereabouts with the investigating agency.

8. The application is disposed of accordingly.

9. All concerned to act on an authenticated copy of this order.

(MRIDULA BHATKAR, J.)

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