Bombay High Court
Pratim @ Peter Balram Makerjea vs Central Bureau Of Investigation And Anr on 1 July, 2019
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
ba.1381.19.4.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 1381 OF 2019
Pratim @ Peter Balram Mukerjea ...Applicant
Versus
Central Bureau of Investigation & Anr. ...Respondents
Mr. Shrikant Shivade I/b Mr. Amit P. Ghag and Mr. Viral Babar for the
Applicant
Mr. Ejaz Khan, Spl. P.P. for the Respondent No.1-CBI
Mr. A. R. Kapadnis, A.P.P for the Respondent No.2-State
Mr. Manoj M. Joshi, Associate Professor and HOD from Dept. of WTS,
GGMC JJ Hospital, is present
Mr. Sachin M. Zinjurde, Jailor from Mumbai Central Prison, Mumbai, is
present
CORAM : REVATI MOHITE DERE, J.
MONDAY, 1st JULY 2019 P.C. :
1 Learned counsel for the applicant submits that though the applicant is required to be taken to Asian Heart Institute & Research Centre Pvt. Ltd. for post-operative cardiac rehabilitation programme, every alternate day, the jail authorities are not in a position to take the applicant as required for post-operative cardiac rehabilitation programme, for want of escort, at times. He states that due to lack of SQ Pathan 1/6 ::: Uploaded on - 01/07/2019 ::: Downloaded on - 02/07/2019 04:12:28 ::: ba.1381.19.4.doc escort, the applicant could not be taken earlier on a few dates and after 27th June 2019. He further submits that the long travel from Arthur Road Jail to Asian Heart Institute is also affecting the patient's health, considering he has undergone open heart surgery. Learned counsel relied on the medical report of the Asian Heart Institute dated 26 th June 2019, which states that the patient has an enlarged heart, respiratory tract infection, heart palpitations, anxiety and depression. He further submits that since it is difficult for the applicant to travel from Arthur Road jail, every alternate date, as required for post-operative cardiac rehabilitation, the applicant be permitted to get himself admitted in Criti Care Hospital and Care Habitat, for post-operative cardiac rehabilitation programme. He submits that about 7 sessions are left to be undergone by the applicant. He further submits that the sister of the applicant be permitted to visit the applicant during the said period, as was directed by the CBI Court vide order dated 18th March 2019. 2 Mr. Khan, learned counsel for the CBI raises a concern.
He submits that the applicant should not be allowed to meet any person, since the trial is in progress and the applicant's son is yet to be SQ Pathan 2/6 ::: Uploaded on - 01/07/2019 ::: Downloaded on - 02/07/2019 04:12:28 ::: ba.1381.19.4.doc examined. He submits that none except the sister be permitted to visit the applicant during the said period and that too, during the visiting hours.
3 It appears that vide order dated 11th April 2019 passed by the Special Judge, the applicant was granted permission to continue the stay at Asian Heart Institute and Research Centre Pvt. Ltd., Bandra-Kurla Complex, Bandra (East), at his own cost, in order to undergo cardiac rehabilitation programme at the said hospital. The said order has not been challenged by the CBI. It appears that the Asian Heart Institute and Research Centre could not keep the applicant in hospital and accordingly discharged him and asked the applicant to report every alternate day for post-operative cardiac rehabilitation programme. It also appears that though this Court directed that the applicant be taken in an ambulance, under police escort, for the treatment, due to lack of escort, the applicant could not be taken on a few dates, as required by the hospital for post-operative cardiac rehabilitation programme. It appears from the medical report of the Asian Heart Institute dated 26th June 2019 (post surgery), which SQ Pathan 3/6 ::: Uploaded on - 01/07/2019 ::: Downloaded on - 02/07/2019 04:12:28 ::: ba.1381.19.4.doc was given after examining the applicant, that the applicant has an enlarged heart, respiratory tract infection, heart palpitations, anxiety and depression and accordingly, was advised to undergo certain investigations i.e. Holter Monitoring test, Sputum Culture Test and X- ray Chest.
4 The applicant underwent coronary artery bypass surgery on 25th March 2019 and is required to undergo post operative cardiac rehabilitation and physiotherapy for the same. Learned counsel for the applicant states that Criti Care Hospital is ready to admit the applicant for post-operative cardiac rehabilitation treatment i.e. to complete the 7 sessions which are left, out of the 26 sessions. 5 It is not in dispute, that the applicant was permitted by the CBI Court vide order dated 11 th April 2019 to continue his stay at Asian Heart Institute, at his own cost, in order to undergo cardiac rehabilitation programme, considering the applicant's submission that in open heart surgery, the breastbone and all nerves are cut and as such, the body movements are restricted and that the rehabilitation SQ Pathan 4/6 ::: Uploaded on - 01/07/2019 ::: Downloaded on - 02/07/2019 04:12:28 ::: ba.1381.19.4.doc programme in Cardiac Rehabilitation Centre will strengthen the overall endurance of the patient and that irreversible and irreparable damage will be caused, if applicant is not allowed to undergo cardiac rehabilitation programme.
6 As Asian Heart Institute is unable to keep the applicant in their Hospital, and as the applicant has not been able to go for post- operative rehabilitation, due to lack of police escort on a few dates, the applicant is permitted to get himself admitted in Criti Care Hospital at Andheri for a period of 15 days from tomorrow, to undergo post- operative cardiac rehabilitation programme, at his own cost. 7 During the said period, the applicant shall not be permitted to meet any visitors, except his sister and that too during visiting hours. The police guards to ensure that the applicant's sister does not carry any mobile in the room when she visits the applicant in the hospital. The applicant shall not tamper with the witnesses during the said period.
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ba.1381.19.4.doc 8 The State to provide round the clock guards, as may be necessary during the said period that the applicant is admitted in the said hospital. The police to ensure that the applicant is taken in an ambulance under police escort to Criti Care Hospital, tomorrow. 9 The doctors of Criti Care Hospital to submit a report with regard to the applicant's health condition on or before 12th July 2019. 10 Stand over 12th July 2019. To be listed on the supplementary board.
11 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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