Bombay High Court
Bapu @ Kumar Prabhakar Nair vs State Of Maharashtra And Anr on 30 March, 2022
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
907. WP 930-2022.doc
Digitally
signed by
RUPALI
RUPALI RAJESH
RAJESH WAKODIKAR
WAKODIKAR Date:
2022.03.31
15:34:31
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
+0530
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 930 OF 2022
Bapu @ Kumar Prabhakar Nair ...Petitioner
Versus
The State of Maharashtra and Anr. ...Respondents
Mr. P.G.Sarda for the Petitioner.
Mr. H.J.Dedhia, A.P.P for the Respondent No.1-State.
CORAM : REVATI MOHITE DERE, J.
DATE : 30th MARCH, 2022 P.C. :
1. By this petition, the petitioner seeks a direction that the respondent No.2 - Superintendent of Yerwada Central Prison, Pune, be directed to comply with the orders dated 21 st September, 2020 and 5th March, 2022 passed by the learned Special Judge, Pune below Exhibit-277 and Exhibit-455A respectively in MCOC Special Case No. 21 of 2016 i.e. to conduct the laparoscopic surgery on the petitioner for his ailment of Hernia.
2. The operative part of the order dated 21 st September, 2020 passed by the learned Special Judge below Exhibit-277 reads thus: Wakodikar 1/4
907. WP 930-2022.doc "(1) Applicant is allowed to have treatment for his hernia ailment and is allowed to undergo laparoscopic surgery for the same if the doctors so advise, in ACE Hospital, Erandwane, Pune, on his own risk and under police escort.
(2) Applicant shall bear the expenses of the surgery and the hospital charges and he shall also bear the expenses for the police escort. Applicant shall pay the charges to the Hospital directly and he shall also pay charges for police escort directly to the concerned authority.
(3) After the treatment in the above mentioned hospital on his discharge from the Hospital, the applicant shall be immediately re-lodged in jail. The entire stay of the applicant in hospital shall be under police escort at his own expenses. (4) Inform jail authorities accordingly."
3. The order dated 5th March, 2022 passed by the Additional Sessions Judge, Pune, reads thus:
"Jail Authority is directed to provide bed and hot water bag to the accused as Jail Manual."
4. Learned Counsel for the petitioner submits that till date, the jail authorities have not provided a mattress on the bed. He further submits that although the petitioner is ready to undergo laparoscopic surgery, the concerned doctors are not taking any steps to comply with the order dated 21st September, 2020. He submits that the petitioner is ready to comply with the clauses (2) and (3) of the order dated 21st September, 2020.
5. Learned APP states that although he has received a Medical Report of the petitioner, there are no findings with respect to the ailment for Wakodikar 2/4
907. WP 930-2022.doc which, the petitioner is to undergo laparoscopic surgery. He submits that a report be called for with regard to the same.
6. Accordingly, the petitioner be taken to the ACE Hospital, Erandwane, Pune on 1st April, 2022, for his examination by the concerned doctors with respect to his ailment i.e. laparoscopic surgery for hernia. A copy of the order dated 21st September, 2020 be shown by the jail authorities to the concerned doctors. A report be submitted by the doctors, with respect to the petitioner's medical condition and whether the petitioner requires laparoscopic surgery for his hernia. Report be submitted to this Court on 2nd April, 2022.
7. If the petitioner is admitted in the ACE Hospital, Erandwane, Pune on 1st April, 2022 and is required to undergo surgery as suggested by the doctors, the petitioner to pay the costs of doctors, hospital and escort as stated in clauses (2) and (3) of the order dated 21st September, 2020. The petitioner to bear the escort and doctor's charges of 1 st April, 2022 when taken for his examination, even if he is not admitted.
8. As far as providing of mattress is concerned, it is open for the petitioner to approach the trial Court, if required. Wakodikar 3/4
907. WP 930-2022.doc
9. Stand over to 4th April, 2022 at 2.30 p.m.
10. Learned APP to forthwith communicate the aforesaid order to the Superintendent of Yerwada Central Prison, Pune.
11. All parties to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
Wakodikar 4/4