FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1122 OF 2011 IN CRIMINAL WRIT PETITION NO. 123 OF 2011 “Rushikesh Tajani Bhoite Vs. State of Maharashtra and others” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. V.D. Hon, Advocate for the applicant, Mr. N.B. Khandare, Public Prosecutor, for respondent No.1 CORAM :- D.B. BHOSALE & A.V. NIRGUDE, JJ. DATE :- 15th March, 2011. PER COURT :- 1] Criminal application not on board. Presentation permitted in the court. Office to register the same. 2] Heard learned counsel for the parties. By this criminal application, the applicant, who is the son of the detenue - Tanaji Keshavrao Bhoite, is seeking direction to the concerned authorities to shift him to Mumbai for getting his Coronary Artery Bypass Graft Surgery done in a private hospital of his choice. The applicant has stated in the application that he is already in touch with the Doctors in Asian Heart and Research Institute and Bombay Hospital, at Mumbai. The applicant hopes to get an appointment of the doctors in either of the hospitals for performing the surgery, as suggested by the doctors of Government Hospital, Nagpur. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1122 OF 2011 IN CRIMINAL WRIT PETITION NO. 123 OF 2011 “Rushikesh Tajani Bhoite Vs. State of Maharashtra and others” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 3] We have perused the Coronary Angiography Report of the detenue, dated 11/3/2011. This report shows that the detenue has three 90% blocks and, as per the Doctors' advice, he requires Coronary Arteries Bypass Graft Surgery. 4] Learned Public Prosecutor submits that the Government Hospitals are also well equipped to perform such surgery. Mr. Hon, learned counsel for the applicant, however, submits that the family members of the detenue do not wish to take any chance and they want to get the surgery done at either of the hospitals at Mumbai. 5] Learned Public Prosecutor further submits that if the applicants are prepared to bear all expenses including transportation and other Misc. expenses for shifting the detenue to Mumbai and to take him to the hospital of his choice, under police escort, they are ready to shift him to Mumbai. 6] We have perused the application, so also, the annexures to the application. Having regard to the averments made in the application and the angiography medical report of the detenue, we are inclined to grant the prayer made in the application. Hence, we pass the following order :- FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1122 OF 2011 IN CRIMINAL WRIT PETITION NO. 123 OF 2011 “Rushikesh Tajani Bhoite Vs. State of Maharashtra and others” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 : O R D E R : (I) The jail authorities at Nagpur to make all the arrangement within 2-3 days, to shift the detenue - Tanaji Keshavrao Bhoite, to Mumbai at the cost of the applicant. (II) The applicant shall make all arrangements for shifting the detenue under police escort to Mumbai, either by air or any other mode . (III) The police/jail authorities are directed to take the detenue initially to the J.J. Hospital, Mumbai, where, the doctors will decide, whether to keep him in General Ward reserved for such patients or in I.C.U., till shifting of the detenue to the private hospital of his choice, for performing the surgery. At the J.J. Hospital, the police authorities are allowed to deploy the police outside the ward/room, for security purpose. The hospital authorities and the police authorities will take the detenue, in well equipped Ambulance at the cost of the applicant, to the private hospital of his choice, whenever required. (iv) Even in the private hospital, if admission of the detenue is required, the police authorities are allowed to deploy police outside the ward/room where the detenue will be kept. (v) It is needless to mention that the applicant shall deposit the FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1122 OF 2011 IN CRIMINAL WRIT PETITION NO. 123 OF 2011 “Rushikesh Tajani Bhoite Vs. State of Maharashtra and others” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 4 expenses as may be necessary, for taking the detenue to Mumbai and for deploying guards in the Government and Private Hospital, as per the jail manual. He shall deposit the same with the jail authorities before the detenue is shifted to Mumbai. He may also deposit the air tickets with jail authorities. We hope that the jail authorities shall not waste time in giving the exact figure of the amount to be deposited. If there is any confusion/controversy regarding the exact amount, the applicant shall deposit an amount of Rs.25,000/- with the jail authorities and in that case, the jail authorities with the help of the applicant shall make all arrangements as aforementioned, to shift him to Mumbai. (vi) We make it clear that the detenue shall continue to be in detention. The applicant and the wife of the detenue will be allowed to meet the detenue in the hospital, as and when necessary and as per the advice of the doctors. 7] With these observations, the criminal application is disposed of. An authenticated copy of this order be given to the parties, to act upon. [A.V. NIRGUDE, J.] [D.B. BHOSALE, J.] grt/-