Suvarna Deepak Bhadale v. The State Of Maharashtra

1374.21Appln.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 962 CRIMINAL APPLICATION NO.1374 OF 2021 IN CRIMINAL APPEAL NO.131 OF 2021 SUVARNA DEEPAK BHADALE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr.S.J.Salunke APP for Respondent-State : Mr.G.O.Wattamwar ...

CORAM : V. K. JADHAV AND SHRIKANT D. KULKARNI, JJ.

DATE : 21.10.2021 PER COURT :

1] In compliance with the directions given in order dated 12th October, 2021, learned APP has submitted before us a report of the Chief Medical Officer, Aurangabad Central Prison, Aurangabad. We have requested learned APP to take specific instructions in writing from the concerned Medical Officer, Central Prison, Aurangabad as to whether the ailment suffered by the applicant are affected her day to day routine activities.

2] The report submitted by the Chief Medical Officer, Aurangabad Central Prison, Aurangabad is taken on record and marked as 'X' for identification.

3] On perusal of the report, we find that the Chief Medical Officer, on examination of the prisoner, has opined that she is able to perform physical routine activities normally.

1374.21Appln.odt The Chief Medical Officer, Aurangabad Central Prison, Aurangabad has also stated in the said report that the applicant was examined by the Gynecologist of Government Medical College and Hospital, Aurangabad on 20.10.2021 and as per noting made by the Assistant Professor on case paper, the day to day routine activities of the applicant are not affected by the said ailment.

4] Learned counsel for the applicant has expressed apprehension that the applicant may not get necessary treatment in future. However, we find said apprehension illfounded, since the Chief Medical Officer, Aurangabad Central Prison, Aurangabad has further stated in the said report that the applicant is taking treatment from the Prison Hospital as per the advice of Expert Doctors of G.M.C.H. Aurangabad. She will be referred to the Government Medical College and Hospital, at Aurangabad for further expert treatment as and when required.

5] In view of the above, learned counsel for the applicant, on instructions, seeks leave to withdraw the application. Leave granted. Application is dismissed as withdrawn.

[SHRIKANT D. KULKARNI, J.] [V. K. JADHAV, J.] DDC