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Bombay High CourtWP/4638/2018others disposed off

Madhuri Ravindra Singh Parihar v. The State Of Maharashtra And ORS.

2019-01-17Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

39-wp-4638.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4638 OF 2018 Madhuri Ravindra Singh Parihar ... Petitioner

1. Versus State of Maharashtra and Ors.

...

Respondents Mr. S.B. Talekar i/by Talekar & Associates for the Petitioner. Mr. A.D. Kamkhedkar, APP for the respondent State. CORAM : B.P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

DATE :

JANUARY 17, 2019 P.C.:

In view of the orders passed by this court on 10/1/2019, we have heard the matter further.

2.

Learned APP has tendered affidavit sworn by Dr. Madivalaswami Amareshwarayya Dhavalagimath. The affidavit points out IHD Hypertension and food allergies and other complications. The need for angiography and examination at better hospital has been pointed out.

3.

Adv Talekar submits that the relatives of the petitioner have suggested about 3 hospitals at Aurangabad where the nilegaonkar 1/2

39-wp-4638.2018.odt petitioner can be treated at the cost of the petitioner. 4.

In view of this submission, learned APP upon instructions submits that the respondents have no objection if the petitioner is required to be shifted to any such hospital at the cost of the petitioner/his relatives.

5.

The hospitals in which the petitioner seeks treatment are CIIGMA Hospital, Aurangabad, Kamalnayan Bajaj Hospital, Aurangabad, Hedgewar Hospital, Aurangabad and M.G.M. Hospital, Aurangbad. The respondent State can verify the arrangements at the said hospitals and thereafter with the consent of the petitioner and his relatives, shift him to that hospital as per law at the cost of petitioner and his relatives. 6.

There also necessary security shall be provided keeping in mind the fact that the petitioner is a prisoner. This direction be complied with within one week from today.

7.

With the above directions, we dispose of the writ petition. (REVATI MOHITE DERE, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2