AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.723 OF 2009 IN CRIMINAL APPEAL NO.169 OF 2009 Dattatray Sakharam Khade ... Applicant Vs. The State of Maharashtra ... Respondent Mr. Harshad Bhadbhade for the applicant. Smt. V.R. Bhonsale, A.P.P. for the State. CORAM : SMT. RANJANA DESAI & R.G. KETKAR, JJ. DATED : 8TH JULY, 2009. P.C.:- 1. The applicant is at present lodged in Yerwada Central Prison. He is a life convict. The applicant is suffering from Cervical Spondylitis. He wants his MRI to be done from a private hospital. Hence, he has requested that he may be allowed to attend the Poona Hospital in police custody and the doctor be permitted to take his MRI after effecting AJN 2 sedation/anesthesia at his cost. Learned A.P.P. submits that since the applicant is stated to be suffering from Cervical Spondylitis, the respondents have no objection if he is taken to Poona Hospital for the purposes of MRI. Learned counsel for the applicant submits that the doctor has certified that the MRI can be done only after sedating him. Certificate dated 19/6/2009 issued by the Omega Scan Diagnostics Pvt. Ltd. states that the applicant is suffering from claustrophobia. In view of the above, in our opinion, the following order will meet the ends of justice. 2. The Superintendent of Yerwada Central Prison is directed to ensure that the applicant – Dattatray Sakharam Khade is taken under adequate police escort to the Poona Hospital for the purposes of his MRI. We are informed that the MRI will be done on the applicant on 16/7/2009. After the MRI is done, the applicant may be permitted to remain in the Poona Hospital till 17/7/2009. On 18/7/2009, the applicant may be brought back to the Yerwada Central Prison under adequate police escort. AJN 3 3. We make it clear that the expenses for the police escort will be borne by the applicant. We further make it clear that the MRI under sedation will be done by the applicant at his costs and risk. 4. Application is disposed of in the aforestated terms. [SMT. RANJANA DESAI, J.] [R.G. KETKAR, J.]