1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.1259 OF 2009 In CRIMINAL APPEAL NO.1054 OF 2009 Ghasiram Kanhyalal Solanki @ Uncle : Applicant (Orig. Accused No.1) V/s. Shri S.S. Asawale, Intelligence Officer, Narcotics Control Bureau, Mumbai & Anr. : Respondents .... Mr.Ayas Khan for the applicant. Mr.D.N. Salvi for respondent no.1. Mr.P.A. Pol, Public Prosecutor for respondent no.2. ... CORAM : S.C.DHARMADHIKARI,J. DATE : JANUARY 11, 2010. P.C.: Not on board. Upon mentioning, in view of the urgency, taken on board. 2. This is an application by a 55-year-old male prisoner who has been lodged in Yerwada Central Prison, Pune. 2 3. The grievance of the applicant is that his medical condition is deteriorating and, therefore, he should be shifted to a private hospital either at Pune or at Mumbai. The choice of hospital is indicated as Jehangir Hospital, Pune, or Hinduja Hospital, Mumbai. 4. The report of Professor and Head, Department of Medicine, B.J. Hospital and Sasoon General Hospitals dated 7.1.2010 is placed on record. The report indicates the disorder/disease suffered by the prisoner and the treatment administered till 7.1.2010. It is stated that the prisoner/applicant is an indoor patient and admitted under the care of the Professor and Head of the Department of Medicine at Sasoon General Hospital. However, the learned Public Prosecutor, after taking instructions, makes a statement that if the applicant desires shifting to some private hospital for treatment, the prosecution/prison authorities would have no objection provided his shifting is done under police escort. It is stated that he is a prisoner convicted for an offence punishable under the Narcotics Act, 1985 and sentenced to undergo imprisonment for ten years. 5. In the peculiar facts of this case and considering the request made, so also the no-objection given by the prosecution, interest of justice will be served if it is directed that the prisoner can avail of treatment at 3 the private hospital, viz., Jehangir Hospital at Pune and he can be shifted therein on request. However, such shifting from Sasoon Hospitals to the private hospital would be under police escort and at the risk of the concerned prisoner/applicant. 6. The applicant to deposit charges for treatment at Bund Garden Police Station, Pune. Order accordingly. 7. The Criminal Application stands disposed of. (S.C. DHARMADHIKARI, J.)