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Bombay High Court

Zaqir Hussain Abdul Rehman Shaikh @ ... vs Narcotics Control Bureau Anr Anr on 28 September, 2022

Author: Bharati Dangre

Bench: Bharati Dangre

                                                                    (923)BA-2132-2022.doc


rajshree


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION
                                   BAIL APPLICATION NO.2132 OF 2022


            Zaqir Hussain Abdul Rehman Shaikh             ]
            @ Bablu Patriwala                             ]       ..       Applicant
                             vs.
            NCB & Anr.                                    ]       ..       Respondents

Mr.Taraq Sayed a/w Ashwini Achari i/b Advait Tamhankar for the Applicant.

Mr.Ashish Chavan a/w Zishan Quazi for Respondent No.1. Smt.A.A. Takalkar, APP for the State.

CORAM : BHARATI DANGRE, J DATE : 28th SEPTEMBER, 2022.

P.C. 1] The learned counsel for the NCB has placed on record a report from Sir JJ Hospital in the backdrop of the illness of the present Applicant, which was certified by them.

In the said report, Head of distinct departments have specifically stated that Applicant can be treated in the said hospital. The certificates are from Department of Surgery, Department of Traumatology and Orthopaedic Surgery, Department of Pulmonary Medicine.

The said reports are taken on record and marked as X-for identification.

2] The learned counsel for the Applicant states that he has no 1/2 ::: Uploaded on - 29/09/2022 ::: Downloaded on - 29/09/2022 20:56:46 ::: (923)BA-2132-2022.doc objection if the Applicant is offered treatment in the said Hospital, but the only anxiety is whenever treatment is required, it should be offered in due time, by arranging for his transportation from the prison to the JJ Hospital and availability of the Doctors for treatment.

3] Since it is now undertaken by the J.J. Hospital that they are capable of taking care of the prisoner, let us hope and trust that whenever he is taken to the hospital, they will provide prompt treatment to him, to tackle his illness.

The Superintendent, Arthur Road Prison, shall also ensure that the Applicant is periodically referred to JJ Hospital and in case of emergency, he shall be immediately taken to the hospital.

4] As far as the medical emergency is concerned, the matter is now put to rest.

Let the NCB file its Affidavit-in-Reply on merits, within a period of four weeks from today.

List on 21.11.2022.

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