IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 136 OF 2008 IN CRIMINAL APPEAL NO. 1048 OF 2006. Amit Suryakant Dalvi ..... ...... ......Applicant V/s State of Maharashtra..... ...... ......Respondent. Mr.C.K.Pendse i/by Mr.Rakesh Bhatkar, Adv. For the applicant. Mr.J.P.Yagnik, APP For the respondent. CORAM: A.P.DESHPANDE, J. 13/2/08 PC: By the present application the applicant makes a grievance that there has been recurrence of back problem which the applicant has been suffering since long. This Court on earlier occasion had a chance to peruse the certificate issued by Dr.Nagesh Naik, Professor & Head of the Department of Orthopaedic from Rajshree Chatrapati Shahu Maharaj Government Medical College, Kolhapur. He has issued certificate on 24.7.07 certifying that the applicant was admitted for backache on 21.7.07 and during hospitalization thorough examination was done including CT scan of spine. The report indicated that the CT scan was found to be within normal limits hence at that time application was rejected. However learned counsel for the applicant emphatically submits that there is no just reason to deny medical check up at the hands of the same 1 doctor who had treated the applicant on earlier occasion. It is then stated that the applicant is ready and willing to bear all expenses that will have to be incurred for consulting the doctor and for treatment administered. The applicant through the counsel has also undertaken to bear the expenses for providing escort for taking the applicant to hospital. Having regard to the totality of fact and circumstances I am of the view that it would be in the interest of justice to direct the respondent to make available medical examination to the applicant at the hands of Dr.Nagesh Naik, Orthopaedic Surgeon attached to Rajshree Chatrapati Shahu Maharaj Government Medical College, Kolhapur. The applicant shall be taken to the hospital by jail authorities in escort and after medical examination shall be brought back to the jail on the same day. As undertaken by learned counsel for the applicant the applicant shall bear and pay the expenses referred to herein above. Application stands disposed of in above terms. 13.2.08 2