1 23 apeal502.24.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION APPA NO.514 OF 2026 IN CRIMINAL APPEAL NO.502 OF 2024 Rajesh s/o Bhaskar Thakre Vs. The State of Mah., thr.PSO Police Station Patur, District Akola Office Notes, Office Memoranda of Court' s or Judge' s Order Coram, appearances, Court' s Orders or directions and Registrar' s order Shri S.Kulkarni, Counsel for the Applicant/Appellant. Shri S.V.Navale, APP for the Respondent/State. CORAM : URMILA JOSHI-PHALKE & RAJ D.WAKODE, JJ. DATED : 19th AUGUST, 2026. 1. Heard. 2. By this application, the applicant/appellant is seeking suspension of sentence and grant of temporary bail on medical ground. 3. Learned counsel for the applicant/appellant submits that the applicant/appellant has filed the criminal appeal challenging judgment and order dated 11.7.2024 passed by learned Sessions Judge Akola in Sessions Case No.14/2023 whereby learned Sessions Judge was pleased to convict the applicant/appellant for offences under Sections 201, 302, and 315 of the IPC and sentenced him to suffer imprisonment for 2 23 apeal502.24.odt life and fine Rs.10,000/-, in default, to suffer imprisonment for three years. 4. Being aggrieved and dissatisfied with the same, the present appeal is preferred. 5. The applicant/appellant is seeking suspension of sentence and releasing him on bail on the ground that daughter of real brother of the applicant/appellant is suffering from severe “Thalassemia” and is on regular blood transfusion since the age of six months. Therefore, the applicant/appellant is claiming for suspension of sentence. 6. It is further submitted that mother of the applicant/appellant is also suffering from Knee Ailment, Hypertension, and other various ailments and is advised to have regular medical professional treatment to undergo surgery for knee replacement. Also, the mother of the applicant/appellant is suffering from Diabetes and has suffered a minor mild heart attack in the year 2024. For all above these grounds, as there is nobody to look after his old aged parents as well as his nephew, as his brother and sister- in-law are looking after his nephew, his presence in the house is required to take care of his nephew as well as his parents. In view of that, execution of the sentence be suspended and he be released on temporary bail. 7. Learned APP for the State has strongly opposed the present application. He has placed on record report of the 3 23 apeal502.24.odt Police Station Officer of Police Station Patur, which discloses that there are other family members who can take care of the nephew of the applicant/appellant as well as his parents. It is submitted by learned APP that statement of the father of the applicant/appellant was recorded wherein it nowhere states that he is unable to take care of his grandson in absence of his parents. Thus, he submitted that there are other family members to take care of nephew of the applicant/appellant and, therefore, the application deserves to be rejected. 8. The present application is not filed on merits, but it is filed on a limited ground i.e. medical ground. 9. We have considered the report, which shows that there are other family members available in the family who can take care of rest of the family members in absence of the brother and sister-in-law of the applicant/appellant. The statement of the father of the applicant/appellant nowhere discloses that he is unable to take care of his grandson in absence of his other son and daughter-in-law. Admittedly, the report shows that one of nephews of the applicant/appellant is suffering from “Thalassemia” and he requires an emergent treatment and, therefore, he requires to be taken to hospital, but his parents are accompanying him and in absence of brother and sister-in- law of “Thalassemia.” The parents of the applicant/applicant are able to take of the nephew of the applicant/appellant and, therefore, no case is made out for grant of temporary bail on medical ground. 4 23 apeal502.24.odt 10. In view of that, the application deserves to be rejected and the same is rejected. Application stands disposed of accordingly. [JUDGE] [JUDGE] !! BrWankhede !! Signed by: Mr. B. R. Wankhede Designation: PS To Honourable Judge Date: 21/08/2026 10:39:38