Bombay High Court
G. N. Saibaba vs State Of Maharashtra Thr. Pso Aheri ... on 21 November, 2018
Author: Swapna Joshi
Bench: P.N. Deshmukh, Swapna Joshi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Criminal Application (APPA) No.222 of 2018 in Criminal Appeal No.137 of 2017
(G.N.Saibaba vs. State and another)
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders
or directions and Registrar's orders.
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Mr.Nihalsing Rathod, Advocate with Mr.Barun Kumar,
Advocate for the appellant.
Mr.P.Sathianathan, Special Public Prosecutor for the
Respondent/State.
CORAM : P. N. DESHMUKH &
MRS.SWAPNA JOSHI, JJ.
DATE : 21.11.2018.
Heard Mr.Nihalsingh Rathod, learned Counsel for the applicant and Mr.P.Sathianathan, learned Special Public Prosecutor for respondent/State.
In compliance to order dated 6th October, 2018, learned Special Public Prosecutor has supplied at the bar correspondence entered between Chief Medical Officer, Nagpur Central Prison, Nagpur and applicant (Prisoner No.C-9556), dated 3rd November, 2018, by which the medical papers consisting of Discharge Cards of various departments of Government Medical College of various dates and of Nagpur Central Prison hospital are provided to the applicant. Said document dated 3rd November, 2018 is taken on record and marked as "X" for identification.
The applicant on the same document has endorsed that, in addition to the above documents received by him, he should be provided MRI films, X-rays of ::: Uploaded on - 22/11/2018 ::: Downloaded on - 23/11/2018 01:37:50 ::: 2111apeal137.17 2/4 shoulder, spine, legs and CT Scan report of brain, which are stated to be not supplied to him. He also claims C.Ds. and films of various investigations carried out which are stated to be required for the purpose of forwarding the same to his private doctor and family members for considering further line of treatment.
Learned Counsel for the applicant has not disputed receipt of documents as mentioned in letter dated 3rd November, 2018 as referred above; however, submits that these documents are not made available to the applicant's Counsel in spite of keeping him waiting at the Nagpur Central Prison throughout the day.
Mr.P.Sathianathan, learned Special Public Prosecutor, on instructions of Mr.Santosh Popatrao Kawar, Jailor Group-II, Nagpur Central Jail present in the Court today submits that all the documents supplied to the applicant can be made available to his Counsel today itself.
Mr.Nilhalsing Rathod, learned Counsel for the applicant submits that learned Counsel Mr.Barun Kumar shall remain present at 2.30 p.m. today at Nagpur Central Prison and collect the documents. Mr.Santosh Popatrao Kawar, Jailor, Nagpur Central Jail undertakes to provide the documents as referred in letter dated 3rd November, 2018 to learned Counsel Mr.Barun Kumar.
Learned Special Public Prosecutor submits that MRI Films, X-rays, CDs and films as claimed by the convict cannot be copied. In the circumstances, he agrees that these articles may be made available to convict for a limited period of ten days as submitted by learned Counsel for the ::: Uploaded on - 22/11/2018 ::: Downloaded on - 23/11/2018 01:37:50 ::: 2111apeal137.17 3/4 applicant who, on verifying the same from the private Doctors and family members, shall return back the same to the Chief Medical Officer, Nagpur Central Prison who, in turn, shall return back the same to the Dean, Medical College, Nagpur. Accordingly, following order is passed.
Mr.Barun Kumar, learned Counsel for the applicant to remain present at Nagpur Central Prison at 2.30 p.m. today and shall collect the documents as mentioned in letter dated 3rd November, 2018 which shall be made available by the Central Prison Authorities at Nagpur without fail.
Prosecution to hand over original MRI films, X- ray films of brain, shoulder, spine, legs of applicant along with CDs and films in respect of various investigations whatsoever carried out upon the applicant and the CT Scan reports to learned Counsel Mr.Barun Kumar by 24 th November, 2018.
Mr.Barun Kumar, learned Counsel shall collect the said articles/documents from Nagpur Central Prison on 24.11.2018 at 2.30 p.m. which shall be made available by prosecution without fail by preparing list thereof. The articles should be handed over to the learned Counsel after obtaining acknowledgment of receipt of same.
On instructions, Mr.Nihalsing Rathod, learned Counsel appearing for the applicant submits that all these documents/articles supplied on 24.11.2018 shall be returned back to the Chief Medical Officer, Prison hospital within ten days thereafter. Said Authority shall in turn return it back to the Chief Medical Officer, Nagpur Central Prison, Nagpur.
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JUDGE JUDGE
*jaiswal
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