1 352510 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3525 OF 2010 Balasaheb @ Balu Vasant Kalbhor ...Petitioner V/s. The State of Maharashtra ...Respondent Mr. Indrajeet Kulkarni appointed as amicus curiae Mr. Y.S. Shinde, A.P.P., for the State CORAM: A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATE: 3RD MARCH, 2011 P.C.:- This letter-petition is received from jail. 2. The apprehension of the petitioner, as mentioned in this letter, is that his father-in-law is responsible for the death of his son, who was in his custody after the petitioner was arrested and kept in jail. 3. The grievance of the petitioner has already been enquired into. During the said enquiry by Sunil Balchandra Deshpande, 2 352510 Assistant Police Sub-Inspector attached to Yavat Police Station, Pune Rural, Pune, it has transpired that the petitioner’s son attended the school in Zilla Parishad Primary School at Dombewadi, Village Khor, Taluka Daund, District Pune, on 6th August, 2010. However, he suddenly became unwell and started vomiting. Therefore, he was brought from the school, and immediately thereafter, the father-in-law and other relatives took petitioner’s son Pramod to Jahangir Hospital at Pune. We are informed that the distance between Village Khor and Pune City is almost half an hour’s drive. The fact remains that petitioner’s son Pramod was admitted in hospital on 6th August, 2010 at around 1.30 in the afternoon. He was brought in precarious condition because of the convulsions due to vomiting. That fact is noticed in the medical papers of Jahangir Hospital, copy whereof was produced before us. He was under treatment in that condition in the hospital itself until 8th August, 2010. 4. In the circumstances, we are in agreement with the opinion of the Investigating Officer that, considering all aspects of the matter, it was a case of natural death due to cardio- respiratory arrest on account of status epileptics. Indeed, the learned amicus curiae was at pains to rely on the medical dictionary meaning of expression 3 352510 “status epileptics”. However, in the fact situation of the present case, on the basis of statement of independent persons, which are already recorded by the investigating officer, including of the school and the neighbouring persons, the apprehension of the petitioner is misplaced. Suffice it to observe that the investigation reveals that the petitioner’s father-in-law took all possible care to provide medical aid to the petitioner’s son Pramod immediately on the same day without any loss of time. 5. Accordingly, this petition s disposed of. 6. The Court expresses a word of gratitude for the able assistance given by the learned amicus curiae. 7. Copy of this order be forwarded to the petitioner, who is in jail, for his information. A.R. JOSHI, J. A.M. KHANWILKAR, J.