14.cr wp 2216-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2216 OF 2010 Janardhan Tukaram Bhanage .. Petitioner Vs State of Maharashtra .. Respondent Mr. A.M. Saraogi a/w Mr. P.R. Tiwari for the Petitioner Mr. R.N. Mishra Special P.P. a/w Mr. S.A. Shaikh, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 24th AUGUST, 2010 P.C.: 1. Heard learned advocate for the petitioner, learned Special P.P. and learned APP for the State. 2. The petitioner is an accused in a case relating to FIR No. 246 of 2009 registered at Versova Police Station under Sections 364 and 302 read with 34 of I.P.C. The petitioner is praying that he be allowed to take treatment in a private hospital. 3. The case of the petitioner is that he is bedridden since last 8 years. He cannot move his hands and he is disabled to the extent of almost 65% and he is required to be 1 14.cr wp 2216-10.doc attended to by somebody when he answers the call of nature. None of these facts are disputed by the learned Special PP. 4. Learned Special PP submitted that the petitioner ought to have approached the Sessions Court first and not come to this Court directly. It is an admitted fact that the petitioner is unable to take care of himself and at present he is suffering from various medical problems. During pendency of this petition, this Court (Coram : Kanade J.) by order dated 12th August, 2010, directed the Dean of Sir J.J. Hospital to submit a report about the health condition of the petitioner. Accordingly, the report has been submitted. The report states that the petitioner is a case of Diabetes mellitus with hypertension with compresive cervical myelopathy with quadriparesis. He is unable to pass urine and stools. He is being catheterised for urination. He has developed sepsis because of urinary tract infection. He also has fluctuation in the blood pressure due to autonomic dysfunction, for that 24 hours blood pressure monitoring is going on in MICU. From the report, it is seen that at present, the applicant is required to use a cathether as he cannot pass urine on his own and due to this, he has got urinary infection. In such case, utmost hygiene and cleanliness has to be maintained. As the petitioner is paralyzed and unable to move his hands, he would at present 2 14.cr wp 2216-10.doc require around the clock monitoring on account of his various medical problems. Thus, directing the petitioner to approach the Sessions Court at this stage would not be proper. 5. The petitioner is not involved in any other case. In view of this fact and the present condition of the health of the petitioner, the petitioner is allowed to take treatment in a private hospital i.e Wockhardt Hospital, Vashi at his own cost. The petitioner will be sent to the said hospital under police escort. He shall be kept in the hospital under police security. It is made clear that the expenses of police escort / security shall also be borne by the petitioner and the same shall be deposited five days in advance. It is also made clear that the petitioner be shifted to the said hospital within one day of depositing the initial amount. During the time the petitioner remains in the hospital, no private visitors shall be permitted, however, he shall be allowed to have one private nurse to attend to him to which the prosecution does not have have any objection. On petitioner becoming fit to be discharged, he shall be sent back to the Arthur Road Prison. 6. The petition is disposed of in above terms. [SMT. V.K. TAHILRAMANI, J.] 3 14.cr wp 2216-10.doc 4