1 wp2726.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No. 2726 of 2010 Mukesh K. Gohil ....Petitioner Vs. State of Maharashtra & ors. ....Respondents Mr. Jeetendra Ranawat i/b. Prasad Gajbhiye & Chetan Satpute-advocate for the petitioner. Ms. Sharmila Kaushik-advocate for respondents 5 & 6. Ms. S.V.Gajare-APP for the State. CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ DATED:- OCTOBER 05, 2010 P.C. Learned APP has produced latest report issued under the signature of Department of Psychiatry, Grant Medical College and Sir J.J. Group Hospital dated 27th September, 2010. It concludes with the opinion that Hasmukh Gohil is incapable of looking after his financial and legal matters. He is unable to read and comprehend. Considering the said report, we think it appropriate that 2 wp2726.10.sxw said Hasmukh Gohil should be provided medical aid in J.J. Hospital as indoor patient forthwith. 2. It is not necessary for us to examine the contentious issues raised by the Petitioner and Respondents 5 and 6 in the present proceedings with regard to the transaction of the property originally owned by the Petitioner and Hasmukh Gohil alongwith their brothers. Those are matters which can be addressed at the appropriate proceedings. In that, the present Petition has been filed for relief of Habeas Corpus for production of Hasmukh Gohil who was at the relevant time in the custody of Respondents 5 and 6. The question whether Respondents 5 and 6 forced the said Hasmukh Gohil to stay with them can also be considered in appropriate proceedings. 3. For the time being, keeping the physical and mental status of the said Hasmukh Gohil in mind; and as has been mentioned in the Report dated 27th September, 2010, as aforesaid, we direct the Respondent State to admit the said Hasmukh Gohil in J.J. Hospital as indoor patient until the hospital certifies that he is free to go back and is in a position to take decisions on his own. 4. Needless to observe that it may be open to the Petitioner being brother of 3 wp2726.10.sxw said Hasmukh Gohil, to have access of Hasmukh Gohil while he is undergoing treatment at J.J. Hospital. 5. We make it clear that we have no intention to examine any other controversy brought before us either by the Petitioner or Respondents 5 and 6. Reply affidavit of Respondents 5 & 6 be filed in the Registry in the course of the day. As mentioned earlier, all those questions are left open to be considered in appropriate proceedings to be resorted to by the concerned party. 4. Petition disposed of on the above terms. (P.D. KODE, J) (A.M.KHANWILKAR, J)