Aslam Jamdar Ansari v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1231 OF 2016 IN CRIMINAL APPEAL NO. 185 OF 2012 Aslam Jamdar Ansari (C-9465), Presently lodged in Nashik Road Central Prison.

.. Applicant Vs.

The State of Maharashtra and anr.

.. Respondents Ms. Farhana Shah for applicant.

Mrs. G. P. Mulekar, APP for State.

CORAM: NARESH H. PATIL & PRAKASH D. NAIK, JJ.

OCTOBER 27, 2016.

P.C.

1.

By an order dated 12/2/2016 passed by the Division Bench of this court in Criminal Application No. 585 of 2015, the applicant - Aslam Jamdar Ansari was shifted to Arthur Road Central Prison (Mumbai Central Prison), Mumbai from Nashik Road Central Prison and was taken to J. J. Hospital, Mumbai for the purpose of medical treatment. He was lodged in Arthur Road Central Prison, Mumbai during that time.

2.

It is submitted that the applicant was treated in J. J. Hospital, Mumbai and thereafter he was shifted to Nashik Road Central Prison, Nashik. The applicant states that he is not fully cured and he requires good medical aid which could be availed of in J. J. Hospital, Mumbai. In fact, the State had assured the court that even in future if further medical aid was to be given, the same would be provided.

3.

In the facts and circumstances, we direct the authorities of Nashik Road Central Prison, Nashik to make necessary arrangements, expeditiously, for shifting the applicant - Aslam Jamdar Ansari, who is an appellant in Criminal Appeal No. 185 of 2012, to Arthur Road Central Prison (Mumbai Central Prison), Mumbai for the purposes of medical treatment.

4.

The applicant shall be examined by the expert doctors attached to the J. J. Hospital, Mumbai, proper medical aid shall be made available to the applicant and thereafter on the certificate issued by the Medical Officer attached to J. J. Hospital, Mumbai, the jail authorities shall take further decision in respect of shifting the applicant to Nashik Road

Central Prison, Nashik.

5.

It is clarified that shifting the applicant from Nashik Road Central Prison to Arthur Road Central Prison is ordered for the purpose of medical treatment only.

6.

With the aforesaid directions, application is disposed of. 7.

Registry to forward a copy of this order to the DIG (Prison) and Superintendent of Nashik Road Central Prison by fastest mode. 8.

Learned APP to communicate the order to all concerned authorities.

(PRAKASH D. NAIK, J.) (NARESH H. PATIL,J.)