Sudhakar Omkar Bunde v. The State Of Mah. Thr. Pso, Ps Tamgaon, Tq.Sangrampur Buldhana And Another.
02.appa.193.24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION NO.193 OF 2024 IN CRIMINAL APPEAL NO.593 OF 2023 (Sudhakar Omkar Bunde Vs. State of Maharashtra and anr.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. R.L. Khapre, Sr. Advocate a/b Mr. A.J. Mirza, Advocate for the appellant. Mr. A.R. Chutke, APP for the State.
Mrs. S. Saware Gadhawe, Advocate (appointed) for respondent No.2. CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- FEBRUARY 22, 2024 By this application, the applicant is seeking appropriate directions to comply the order dated 18/01/2024.
2.
By order dated 11/12/2023, this Court by passing order directed the applicant that he shall within four days of release, admit himself in the Government Medical College, Nagpur. It was further directed that the Professor and Head, Department of Cardiology, Government Medical College, Nagpur to take immediate steps for treatment of ailment of the applicant and perform necessary surgery as per protocol.
3.
The subsequent order dated 18/01/2024, it was directed that the non-applicant - State of Maharashtra through Superintendent of Jail, Akola to bear the expenses of surgery of the applicant and deposit the expenses of
02.appa.193.24.odt Rs.2,50,000/- at Government Medical College, Nagpur, immediately.
4.
As per the contention of the applicant, said directions are not followed, therefore, the learned Additional Public Prosecutor sought instructions and it was informed that the applicant is already undergone the heart surgery on 16/02/2024 under the scheme of Mahatma Jyotirao Phule Jan Arogya Yojana. In view of the communication it reveals that the purpose of preferring this application is already fulfilled. The surgery of the applicant is also covered under the another scheme, therefore, the question of incurring the expenses by the Jail Authority is now not in question, therefore, the said amount be refunded back to the Government.
5.
The amount of Rs.2,50,000/- is not utilised for this surgery. The Government Medical College, Nagpur shall refund it back to the Jail authority i.e. the Superintendent, District Prison, Akola. The Medical Officer of Government Medical College and Super Speciality Hospital, Nagpur shall also take care of the post operative issues of the present applicant.
(URMILA JOSHI-PHALKE, J.) *Divya