Nihal Ahmed Rais Ahmed Shaikh@Neharulla Karamtulla Rais Shaikh v. The State Of Maharashtra And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5398 OF 2018 Nihal Ahmed Rais Ahmed Shaikh @ ] Neharulla Karamtulla Rais Shaikh ] ..Petitioner.

v.

The State of Maharashtra & Ors.

] ..Respondents.

Mrs.Mursaad F. i/by Ms. Farhana Shah for the Petitioner. Mrs. M.M. Deshmukh, APP for the State.

Mr.Sachin Madhavrao Z. Jailor present.

Mr.Sachin Suresh C. CMO present.

CORAM :

INDRAJIT MAHANTY & A.M. BADAR, JJ.

DATE :

31st July, 2019.

P.C.

1] By order dated 19th July, 2019, this court has directed the State go get the Petitioner thoroughly examined by the panel of competent Doctors of the J.J. Hospital, Mumbai and submit report regarding health condition of the Petitioner by such examination. 2] Today, learned APP has produced the report of medical examination of the Petitioner by a panel of Doctors from J.J. Hospital alongwith covering letter, dated 26th July, 2019 signed by the Dean of the said Hospital. The report and covering letter is taken on record and marked as 'X' for identification.

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3] The report of panel of Doctors of the J.J. Hospital shows that treatment and further investigation of the Petitioner is going on and Sonography is advised to him. Similarly, learned APP has submitted certificate of the Chief Medial Officer, Mumbai Central Prison, Mumbai who is present before this Court today. In the said report, the Chief Medical Officer of Mumbai Central Prison has recommended as follows : "Sometimes there is inconvenience in sending said prisoner to J.J.Hospital due to non-availability of police escort. So, it is humble request to this Court, kindly give directions to J.J. Hospital Authority to get him admitted and get his full and complete treatment done."

4] In this view of the matter, if the Chief Medical Officer is of the opinion that the Petitioner needs to be admitted to J.J. Hospital, he is free to recommend admission of the Petitioner to the J.J. Hospital for treatment as indoor patient . If the Chief Medical Officer, Mumbai Central Prison, makes such recommendation, the Petitioner be lodged in appropriate ward of the J.J. Hospital for further management. 5] We appreciate the sensible efforts taken by Dr.Ajay Chandanwale, Dean of the Grant Government Medical College and J.J. Hospital in getting the Petitioner examined by the panel of expert Doctors with promptitude and submitting report to this Court regarding health condition of the Petitioner. 2/3

6] With these observations and directions, Writ Petition No 5398 of 2018 stands disposed off.

All the concerned to act on the authenticated copy of this order. [A.M. BADAR, J] [INDRAJIT MAHANTY, J] 3/3