pro sai baba bail

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
SUO MOTU CRIMINAL PIL (L) NO. 4 OF 2015
Ms.Purnima Upadhyay ..Petitioner.
V/s.
State of Maharashtra & Ors. ..Respondents.
Ms.Gayatri Singh, Senior Advocate i/b. Vijay Hiremath for the
Petitioner.
Mr.S.K.Shinde, PP with Mr.J.P.Yagnik, APP for the respondent­
State.
CORAM : MOHIT S. SHAH, C.J. &
A.K. MENON, J.
DATED : 17 JUNE, 2015
P.C. :­
1. Mr.S.K.Shinde, learned Public Proseccutor has placed
before us a report dated 16 June, 2015 of the Chief Medical
Officer, Central Prison, Nagpur indicating the present health status
of Professor Dr.G.N. Saibaba [undertrial prisoner in Sessions Trial
No.13/2014 (Mahesh Tirki & Ors.)].
“ The present health status of the said prisoner is described
below:­
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1. General Physician: He was examined by the General
Physician on 29/12/2014 for General Evaluation as he
is a known case of Systemic Hypertension with left
ventricular hypertropy and he is advised to continue
tab. Repase, Ecosprin and Aten.
2. Orthapaedic Surgeon : The patient was examined by
orthopaedeic surgeon on 29/12/2014 for complaint of
weakness of left shoulder and he diagnosed him to be
suffering from backache with left shoulder weakness
and he is advised regular physiotherapy. The said
prison also has kyphoscoliosis causing rib crowding.
3. Caridiologist: the cardiac evaluation of the said prison
has been done Government Super Speciality Hospital
Nagpur by expert cardiologist. The ECG of the said
prisoner was carried out on 12/03/2015 which showed
ischemic changes. The expert advised him coronary
angiography for his further management. But the said
prisoner is not willing to undergo angiography stating
unavailability of free accesssibility for handicapped
persons at Government Medical College and Hospital,
Nagpur and stating that he will discuss first with his
family members and family doctor before taking any
decision about angiography. The said prisoner patient
was counselled by chief medical officer at prison
hospital as the angiography is mandatory to rule out
any blocks in the vessel which may result in acute life
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threatening emergency.
4. Neurologist : The said prisoner was examined by
expert neurologist at Government Super Speciality
Hospital, Nagpur and diagonsed to be suffering from
cervical rediculopathy left side MRI left shoulder joint
on 19/03/2015 showed thickening involving left sided
brachial plexus at its root and trunks. He is under
evaluation for his radiculopathy.
5. General surgeon : The said prisoner is recently
diagnosed to be suffering from bilateral renal calculi
(stones in both kidneys) with gallbladder stone on
Sonography on 22/04/2015. The patient was
examined for the same by expert general surgeon and
he is under treatment as advised by expert. The said
prisoner was sent to Government Medical College &
Hospital, Nagpur for expert surgeon's evaluation
wherein he was examined. ”
2. Ms.Gayatri Singh, learned senior counsel for the
Petitioner in this PIL submits that the prisoner is not getting
necessary treatment required for his multiple ailments because the
Government Hospital does not have all the facilities required for
the treatment of these ailments. Reference is also made to the
submissions made on behalf of the prisoner at the hearing of the
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Bail Application Exhibit­59 wherein the Sessions Court has
recorded his submissions that when the previous Bail Application
came up for hearing, the Applicant (prisoner) was provided all
facilities but after the Bail Application was disposed of, those
facilities are withdrawn (order dated 4 March, 2015). Learned
counsel further submits that as per the latest instructions given by
the prisoner that he is suffering from excruciating pain and
gradual degeneration of spine, vertebrae and nerve system from
spine to shoulder.
3. According to Ms.Singh, the prisoner requires medical
treatment in a private hospital as the treatment required is not
available in the Government Medical Civil Hospital, Nagpur. It is
submitted that the prisoner has to undergo treatment in a private
hospital which has a specialised department for spine, neurology
and neurosurgery like Nueron Hospital where Professor (Dr.)
Pramod Giri is said to be the Head of the Department of
Neurosurgery at Nueron Hospital. The Government Hospital at
Nagpur does not have such a department for specialised treatment.
Learned counsel for the Petitioner further states that the prisoner's
family is ready to bear all expenses for such treatment at the
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private hospital. It is submitted that if there is delay in treatment,
the prisoner's physical and mental condition is likely to worsen as
he is unable to bear the excruciating pain and immediate
hopitalisation for treatment in the aforesaid hospital is the only
answer.
4. Looking to the physical condition of the prisoner as
mentioned in the report dated 16 June, 2015 by the Chief Medical
Officer of the Prison Hospital, Central Prison, Nagpur, we are of
the view that there cannot be any objection to the prisoner being
taken to the above private hospital initially for diagonsis and for
considering the treatment required to be undergone by the
prisoner. Therefore, we pass the following order :­
The Respondents shall take prisoner Professor Dr.
G.N.Saibaba to the “Nueron” hospital at Nagpur within 24 hours
from now subject to the following safeguards :­
(i) The prisoner shall be allowed to be accompanied by his wife
and brother professor Dr.Gokarakonda Ramadevudu. The
prisoner and his relatives shall not be allowed to carry
mobile phones or computers or other communication
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devices and whenever necessary, communicate through the
mobiles of security guards;
(ii) Two security guards shall be provided to the prisoner round
the clock;
(iii) As suggested by the Petitioner, Dr.Sanjay Ramteke may
accompany the prisoner and may remain present when the
doctors of the Neuron hospital examine the patient and
conduct investigations. He also shall not carry any mobile
phone, computer or other communication device with him;
(iv) The chief Medical Officer of the Prison Hospital, Central
Prison Nagpur or any Medical Officer nominated by him or
the Superintendent of the Central Prison or his nominee
may also accompany the prisoner when he is being
examined at the above private hospital and / or when the
investigations are being conducted at the said hospital.
5. This order is passed in the presence of the learned
Public Prosecutor who shall communicate this order to the
Respondents for timely compliance.
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6. Dr.Pramod Giri, the Head of the Neurosurgery at the
Superspecialities at the said Hospital shall submit his report after
investigations are conducted, to the Public Prosecutor within one
week from today. Till the said hospital submits further report and
this Court hears the matter again, the prisoner shall be allowed to
remain in the said private hospital at his family's cost, and may be
given such treatment as the doctors at the said hospital consider
appropriate.
7. Stand over to 24 June, 2015.
(CHIEF JUSTICE)
(A.K.MENON, J.)
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