Ajay Ajit Peter Kerkar v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1460 OF 2023 Ajay Ajit Peter Kerkar .... Applicant v/s.
The State of Maharashtra .... Respondent WITH BAIL APPLICATION NO. 1461 OF 2023 Ajay Ajit Peter Kerkar .... Applicant v/s.
The State of Maharashtra .... Respondent WITH BAIL APPLICATION NO. 1462 OF 2023 Ajay Ajit Peter Kerkar .... Applicant v/s.
The State of Maharashtra .... Respondent WITH BAIL APPLICATION NO. 1463 OF 2023 Ajay Ajit Peter Kerkar .... Applicant v/s.
The State of Maharashtra .... Respondent WITH BAIL APPLICATION NO. 1464 OF 2023 Ajay Ajit Peter Kerkar .... Applicant v/s.
The State of Maharashtra .... Respondent WITH BAIL APPLICATION NO. 1465 OF 2023 Ajay Ajit Peter Kerkar .... Applicant v/s.
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The State of Maharashtra .... Respondent WITH BAIL APPLICATION NO. 1466 OF 2023 Ajay Ajit Peter Kerkar .... Applicant v/s.
The State of Maharashtra .... Respondent WITH BAIL APPLICATION NO. 1467 OF 2023 Ajay Ajit Peter Kerkar .... Applicant v/s.
The State of Maharashtra .... Respondent Mr. Rizwan Merchant i/b. Mr. S.J. Khera for the Applicant in all BAs.
Mr. S.V. Gavand, APP for the State.
Mr. Pradeep Warang, Sr. PI, Banking-3, EOW, present. Mr. Atul Nikam, PI, Banking-3, EOW, present.
Mr. Sharad Suryavanshi, API, Banking-3, EOW present. Ms. Priyanka Patil, API, Banking-3, EOW, present. Mr. Shring Sawarde, PSI, Banking-3, EOW, present. Mr. Rajendra Shivde, API, Banking-3, EOW, present. CORAM: SMT. ANUJA PRABHUDESSAI, J.
DATED : 13th JUNE, 2023.
P. C. :- .
Order dated 06/06/2023 reveals that the Applicant was suffering from heart ailment. Superintendent of Jail was directed to ensure that the Applicant is provided medical treatment and if necessary, to shift him to any other Government Hospital and to submit the report 2/4
regarding health condition of the Applicant.
2.
Learned APP has placed on record medical report issued by Chief Medical Officer, Mumbai Central Prison, Mumbai, a perusal of which reveals that the Applicant is suffering from Dyspnoea on exertion, easy fatigability and palpitation, that he is a case of chronic stable angina with ejection fraction 30-35% and that he is being managed conservatively at present. The medical report further indicates that Doctor has advised to conduct CAG. However, the Applicant was not willing to do it at Sir J.J. Hospital.
3.
Learned counsel for the Applicant states that since 2014, the Applicant was under the treatment of Dr. Pravin Amin, Bombay Hospital and that he would like to continue his treatment under the same Doctor at Bombay Hospital at his own costs. He seeks reduction of escort charges.
4.
In view of the said statement and considering the medical condition of the Applicant and in view of the report submitted by the Chief Medical Officer, Mumbai Central Prison, the Applicant is permitted to take treatment under Dr. Pravin Amin of Bombay Hospital 3/4
at his own cost, subject to payment of 50% of the escort charges. The Applicant shall be taken to Bombay Hospital under escort on 16/06/2023 at 11:00 a.m. and shall be admitted in the said Hospital, if necessary. One of the family members i.e., sister or father of the Applicant is permitted to visit the Applicant during visiting hours. 5.
Bail Applications for medical bail stand disposed of in above terms.
6.
Matters be listed on 03/07/2023 for compliance and for medical report.
(SMT. ANUJA PRABHUDESSAI, J.) 4/4