1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1186 OF 2009 IN CRIMINAL APPEAL NO. 169 OF 2009 Dattatray Sakharam Khade .. Applicant. (Org.Accused No.1) V/s. The State of Maharashtra .. Respondent. --- Mr. Harshad Bhadbhade for the Applicant. Ms. U.V. Kejriwal, APP for the Respondent-State. Dr. D.B. Raut, Medical Officer, Yerwada Central Prison, Pune is present. Mr.Hemant Patil, Jailor-Group II, Yerwada Central Prison, Pune is present in the court. --- CORAM : J. N. PATEL AND A. A. SAYED, JJ. DATED : 24TH NOVEMBER, 2009 P.C. : 1. Heard. 2. The applicant-prisoner has moved this court with a grievance that he is suffering from disease Bell’s Palsy and requires faradic stimulation for 15 days and other medical treatment and as the Jail Authorities have failed to send him to Government Hospital i.e. Sassoon Hospital at Pune, his health 2 condition has deteriorated and therefore, he may be permitted to have a proper treatment at a private hospital at his own cost for which he may be granted temporary bail for a period of 15 days. 3. Considering the nature of the ailment which the applicant- prisoner is suffering, in our view, a temporary bail for the period of 15 days would not be enough for his proper medical treatment. The prisoner requires a continuous treatment till he is stabilized otherwise it will result in further deterioration of his health. Therefore, we summoned the Medical Officer, Yerwada Central Prison to personally remain present before us so that the court can ascertain the availability of medical facility at Sassoon Hospital, Pune. 4. There is no dispute over the ailment suffered by the applicant -prisoner. Question is about providing him proper medical facility. The learned counsel for the petitioner submitted that the prisoner is taken to Sassoon Hospital by the jail authorities in an irregular manner and when he actually requires treatment the authorities concerned come up with a case that there 3 is no police guard to escort the prisoner to the hospital. 5. In view of the overall situation prevailing in Pune, we requested the learned APP to seek instructions from the Dean of J.J. Groups of Hospital at Mumbai as to whether the applicant- prisoner can be given proper treatment by admitting him to the Prisoners’ Ward of the J.J. Hospital, Mumbai. The Learned APP has taken instructions and that she has been informed, as per the telephonic talk by the Medical Officer from Jail with the Dean of the J.J. Hospital, Dr. Inamdar, who has been informed by the said Dean of the J.J. Hospital that a ENG/NCV Machine is newly installed in the J.J. Hospital which will start working within 15 days. 6. We, therefore, direct the I.G. Prison to transfer the applicant-prisoner to the Jail Ward of the J.J. Hospital at Mumbai after having completed the necessary formalities and as soon as the applicant-prisoner is brought and admitted in the Jail Ward in the J.J. Hospital at Mumbai, we direct the Dean of the J.J. Hospital, Dr. Inamdar, to see that the applicant-prisoner 4 immediately gets a proper medical treatment which is required for him and send a report to this court as to within how much time the applicant-prisoner would be medically fit so that he can be transfered back to the Yerwada Central Prison at Pune. 7. The I.G. Prison to act upon our order immediately and comply it forthwith. All the parties concerned to act on an authenticated copy of this order, duly authenticated by the Associate of this court. The authenticated copy of this order shall be furnished to the learned APP for taking necessary steps. 8. Liberty to the applicant to move this court as and when contingency arises. 9. Application is disposed of in the above terms. (J.N. Patel,J.) (A.A. Sayed,J.)