1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTON CRIMINAL WRIT PETITION NO.3140 OF 2010 Pralhad Gangaram Dhongde .. Petitioner V/s The State of Maharashtra .. Respondent Mr.S.V.Kotwal, Advocate appointed as amicus curie for the petitioner. Mr.D.P.Adsule, APP for the State. CORAM: A.M.KHANWILKAR AND V.M.KANADE, JJ. DATE: 10th December, 2010. P.C.: 1. This petition is through jail. We had requested Mr.Kotwal to appear as amicus curiae for the petitioner. The relief claimed in this petition is to issue direction to the appropriate authority to release the petitioner on medical grounds for surgical purpose. The Respondent placed reliance on the medical report which was available at the relevant time. However, to re-assure ourselves that the petitioner is provided with sufficient medical assistance and care, by order dated 1st December, 2010, this Court called upon the Medical Officer of K.E.M.Hospital, Mumbai to submit report as to whether the petitioner requires any bye-pass surgery as is suggested by him. 2 2. Pursuant to the said direction, we are informed by the learned APP that the K.E.M.Hospital has examined the petitioner and the report of the health condition is submitted by the Professor & Head of the Cardiology Department of the K.E.M.Hospital dated 8th December, 2010. The said report is produced before us. It recommends that the medical management for the heart condition of the petitioner is more beneficial to him and the revascularization is not necessary. 3. In view of this report, the question of acceding to the request made by the petitioner for his release to enable him to undergo surgery does not survive. Hence, petition is disposed of with a hope that the jail authority would provide all the necessary medical care to the petitioner, as may be required from time to time, including that of regular medical check-up of his heart condition. 4. We express word of gratitude to the assistance given by learned Amicus Curie. 5. Copy of this order be forwarded to the petitioner who is in jail, forthwith, for his information. (V.M.KANADE, J.) (A.M.KHANWILKAR, J.)