Bharat Bhagwan Patil vs State Of Maharashtra

Sandeep K. Shinde, J

Applicant is accused in connection with Crime No. 251/2020 registered with Shivaji Nagar Police Station under Sections 302, 324, 323, 120-B, 143,

147, 148, 149 of the Indian Penal Code read with Section 4, 27 of Arms Act and 37(1) and 135 of Maharashtra Police Act, 1951.

Applicant came to be arrested on 12 th November, 2020. The Investigation is over and charge-sheet has been filed.

This application is for temporary bail on health ground.

Health report of the Applicant was called from Medical Officer attached Kalyan District Prison, Kalyan. Medical Officer submitted a report dated

1st June, 2021. It is taken on record and marked X-1 collectively.

. It is reported that; ""Applicant had undergone bilateral decompression craniotomy surgery for bilateral brain injury at private hospital in Mumbai. In

September 2019, patient underwent second time brain surgery for bilateral cranioplasty using autologous bone grafts. The patient was in coma and in

all, there were four brain surgeries done on the said patient in private hospitals before coming to prison. There was complaint of headache in bilateral

temporal regions. The pain was insidious in onset and gradual in progression. It was aggravated on talking and partially relieved on taking pain killer

medications.

. After admission in prison, the patient prisoner was having slurred speech and was not able to walk properly without support (Ataxia). There is history

of pus discharge from operated scar and there was swelling on both sides of forehead with severe headache. For this complaint, the patient was sent

to Sir J.J. Hospital, Mumbai and there he was examined by Neurologist and given appointment for CT Scan of was examined by Neurologist and

given appointment for CT Scan of brain. He was sent to Sir J.J. Hospital, Mumbai and admitted from 5th February, 2021 to 5th March, 2021 and his

brain surgery was done on 15th February, 2021 by Dr. Vernan. L. Velho, Neurologist, for Right FTP craniectomy with debridement for Osteolytic

bone flap. The patient's scalp bone was removed for a subsequent surgical procedure.

. In compliance to the Hon'ble High Court, Mumbai the prisoner was sent to Sir J.J. Hospital, Mumbai on 31.05.2021 for intermittent headache.

. He was examined by Dr. Vernan. L. Velho, HOD Neurology Department, investigations done and given anti-convulsant medications for it.

. In the wake of the severe second wave of Covid-19 pandemic and the patient being in co-morbid condition and due to the patient's scalp bone been

removed with pus discharge from surgical scar he may develop severe infectious complications. Moreover, the patient has been advised several

investigations such, pus culture sensitivity test and other hematological tests.

. His general condition is poor due to craniectomy and removal of osteolytic bone flap.

In view of the health report, Applicant was suggested treatment in the Government Hospital or a Private Hospital. On this suggestion, learned

Counsel for the Applicant on instructions, submitted that Applicant would prefer to be in his house and take treatment as and when required. It is

urged that Applicant be granted a temporary bail for three weeks.

Mr. Suryawanshi, learned Counsel for the Applicant suggested let the Applicant be admitted in the J.J. Hospital for further treatment. He further

suggested the report of Medical Officer, Kalyan District Prison Class-I, Kalyan has been 'secured'.

Be that as it may, the Medical Officer, Kalyan District Prison Class-I has reported that patient being in co-morbid condition and since his scalp bone

has been removed, he may develop severe infectious complications. In the circumstances, it is certainly not advisable to continue his detention in the

jail, in view of severe- surgery and second wave of Covid-19 pandemic.

Though I may consider the case for temporary bail, applicant shall not resort to admit himself in the hospital on 20th day of the temporary bail and

thereafter apply for the extension of the bail. Mr. Mohite, learned Senior Counsel for the Applicant, on instructions from instructing Advocate, submits

that the Applicant shall surrender to the Jail Authorities and shall not seek the extension of temporary bail period under any circumstances. Statement

is accepted as Undertaking to this Court.

Mr. Mohite learned Senior Counsel on instructions assures the Applicant shall confine himself in his house at Room No. 102, E- Wing, Patel

Homes, Near Green City, Ambernath (E), District Thane. He assures, that Applicant shall not leave the house without permission of the Shivaji Nagar

Police Station, Ambernath. Statement is accepted.

In consideration of the facts of the case and the reasons stated, the Applicant is directed to be released on temporary bail for 21 days on the

following conditions.

i. The Applicant shall execute PR bond in the sum Rs.50,000/- with one or two sureties in the like amount.

ii. In the alternative, if the sureties are not available, he may be released on the cash bond for the equivalent sum. iii. The Applicant shall furnish

particulars of his contact details to the Jail Superintendent before his release from the bail. iv. It is clarified that Applicant if required to leave house for

treatment, he shall give an intimation to the concerned Police Station. v. The Applicant shall surrender himself to the Jail Authorities on 22nd day from

the date of his release on bail. vi. The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or

any person concerned with the case.

It is made clear that temporary bail period is to be recurred from the date of his actual release from the jail.

Application is allowed and disposed of.