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Bombay High CourtAPPA/1202/2015others disposed off

Umesh Bajirao Zombade v. The State Of Maharashtra

2015-10-29Hon'Ble Shri Justice Rajesh G. Ketkar,Hon'Ble Shri Justice Ranjit More.2 pages

Sr.No.914 Appa 1202.15 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1202 OF 2015 IN CRIMINAL APPEAL NO.769 OF 2012 Umesh Bajirao Zombade ..Applicant/ Original Appellant No.3

Versus

The State of Maharashtra ..Respondent Mr. D.G. Khamkar, advocate for the applicant. Ms. M. H. Mhatre, APP for the State.

CORAM : RANJIT MORE & R. G. KETKAR, JJ.

DATE : 29th OCTOBER, 2015.

P. C. :

The applicant who is the life convict has approached this Court for temporary bail on medical ground during the pendency of the aforesaid appeal.

2.

Mr. Khamkar, learned counsel for the applicant submitted that the applicant has suffered paralytic attack and, thereafter, he was admitted in the jail hospital. The applicant's health is deteriorating day by day. Mr. Khamkar submitted that the applicant is ready to take treatment at his own expense from the private hospital or Sasoon Hospital at Pune. Ms. Mhatre, learned APP produced a report dated 28th October, 2015 of the Shubhada S Kadam 1/2

Sr.No.914 Appa 1202.15 Chief Medical Officer, Yerwada Central Prison which was given to the Government Pleader. The report shows that the applicant has sustained paralytic attack and, thereafter, he was admitted in the jail hospital. The report also shows that the applicant was taken to Sasoon Hospital at Pune and he is being given treatment as per the advise of the Doctors in the Sasoon Hospital. The report shows that if the applicant is kept under the daily supervision of neuro physician, in that case the possibility of reducing the intensity of his disease cannot be ruled out.

3.

In the light of the report of the Chief Medical Officer, Yerwada Central Prison, we are of the opinion that the applicant can get better treatment, if he is admitted as an indoor patient in Sasoon Hospital at Pune. We, therefore, direct the Superintendent of the Yerwada Central Prison, Pune, to admit the applicant as an indoor patient in Sasoon Hospital at Pune initially for a period of three months.

4.

In the light of the above order, the criminal application is disposed of.

5.

All concerned to act upon a copy of this order duly authenticated by the Registry of this Court.

[R. G. KETKAR, J.] [RANJIT MORE, J.] Shubhada S Kadam 2/2