Laxman Haribhau Chormale vs State of Maharashtra and Ors.

bail on medical grounds during pendency of the Appeal. Though the prayer clause does not mention that this application is for a temporary period, the learned counsel for the Applicant submitted that he is pressing this application for a temporary period of eight weeks for his release on bail.

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Digitally signed by MANUSHREE MANUSHREE NESARIKAR NESARIKAR Date: 2025.07.04 11:43:39 +0530

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The Applicant was convicted by the Additional Sessions Judge, Malegaon, vide his Judgment and Order dated

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Nesarikar

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27/05/2025 in Sessions Case No.126 of 2017 for commission of offence punishable u/s 302 of the Indian Penal Code. He was sentenced to suffer imprisonment for life besides payment of fine.

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The incident which was a subject matter of that trial

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had taken place on 08/01/2016. According to the prosecution case, the Appellant had assaulted one Vinayak Tambe resulting in his death. During trial, the Applicant was on bail. While the trial was still in progress on 25/01/2025, there was an incident in which the Applicant was assaulted brutally by one Dattu Chormale, who was the Applicant’s brother. In connection with this incident C.R.No.65/2025 was registered at Malegaon Taluka police station on 27/01/2025 u/s 109 of the Bharatiya Nyaya Sanhita, 2023.

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Learned counsel for the Applicant submitted that the Applicant had suffered severe injuries on his hand, legs, head

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and also on his ribs. He has not sufficiently recovered from this assault. In the meantime, the trial against him concluded and he

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was convicted on 27/05/2025. After his conviction, he was taken in custody. He submitted that because of the assault he is suffering immensely physically and therefore he needs some reasonable time to recover. He has no intention to evade the process of law and at the end of the period of eight weeks, he shall surrender before the prison authorities. We had asked for the report from the jail authorities. The learned APP produced his medical report dated 23/06/2025. The report mentions present complaints as joint pain, body pain, headache, inability to work essential activity, inability to walk properly and generalized weakness. The history refers to assault dated 27/01/2025 and operative surgery done at Aswini (Military Hospital) Hospital, Mumbai. There was right thigh implant, right arm implant and restricted movement of left shoulder joint. The clinical diagnosis mentioned multiple fractures of right femur, right humerus, left side ribs with left shoulder arthritis. The health status was mentioned as ‘he was hemodynamically stable’.

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The medical papers annexed to this application mentions fracture of humerus, fracture of shaft of femur, head injury over

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forehead of the size 12 x 2 x 1 cm. There was injury over right knee of size 6 x 0.5 cm and there were multiple facial fractures. There were multiple rib fractures (left 8^th , 9^th and 10^th ribs).

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Thus, it can be seen that the Applicant was brutally assaulted on 27/01/2025 and he had suffered multiple fractures. All of them were grievous injuries. Therefore, it is quite obvious that he requires sufficient time to recover. The medical report submitted by the learned APP also shows that he is unable to perform his essential daily activities.

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In this background, though learned APP opposed grant of any relief, we are inclined to release the Applicant on bail for a temporary period as submitted by the learned counsel for the Applicant.

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