Vishnu Pandurang Dalavi And ANR v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1190 OF 2022 Sadik S. Ratansi ...Applicant Vs.
The State of Maharashtra (Through EOW, Housing Unit I, Mumbai) ... Respondent Digitally signed by SHRADDHA KAMLESH TALEKAR Date:
2022.05.13 21:01:43 +0530 SHRADDHA KAMLESH TALEKAR **** Adv.Gul A. Madnani for applicant.
Mr.Ajay Patil, APP for the State.
API C.G. Girse, EOW, Mumbai.
1.
**** CORAM : N. J. JAMADAR, J.
DATE : 13th MAY, 2022 (VACATION COURT) P.C.:
1.
Heard the learned counsel for the applicant.
2.
By an order dated 19th April 2022, this Court had directed the Superintendent of Thane Central Prison to refer the applicant to J.J. Hospital for medical treatment with a further direction to the Medical Officer at J.J. Hospital to submit a report regarding the medical condition of the applicant.
3.
Today, the learned APP has tendered a report dated 25th April 2022 submitted by the Superintendent, Central Prison Thane alongwith a report of the Chief Medical Officer, Thane Central Prison. 1/3
4.
The report of the Chief Medical Officer indicates that the applicant was referred to Sir J.J. Group of Hospital, Mumbai on 23rd April 2022 for local USG and X-ray. Further appointment was given for USG on 25th April 2022. However, the report does not indicate anything about the diagnosis and the further treatment advised at J.J. Hospital. 5.
This Court has issued a specific direction that the Medical Officer at J.J. Hospital shall submit a report regarding the medical condition of the applicant. In the absence of such medical report, the Court is not equipped to ascertain the condition of the applicant. 6.
The learned counsel for the applicant submits that during the intervening period, the condition of the applicant has further deteriorated. 7.
In view of the aforesaid situation, it would be appropriate to direct that the applicant be taken to J.J. Hospital for medical examination and further treatment forthwith.
8.
The Superintendent, Central Prison, Thane is, therefore, directed to take the applicant to J.J. Hospital forthwith, and, if necessary, the Medical Officer at J.J. Hospital may treat the applicant as an indoor patient, depending upon the condition of the applicant. 9.
The Medical Officer, Sir J.J. Group of Hospital shall submit a report to this Court on or before 19th May 2022 through the Public Prosecutor. 10.
The application be listed on 20th May 2022.
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11.
The learned APP shall communicate this order to the Superintendent, Thane Central Prison and the Medical Superintendent, Sir J.J. Group of Hospitals, Mumbai.
12.
All concerned to act on an authenticated copy of this order. (N. J. JAMADAR, J.) 3/3