Hany babu order dated june 3

1. 1 53. WP 1983-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1983 OF 2021
Jenny Roweena w/o Hany Babu … Petitioner
Vs.
The State of Maharashtra & Anr. … Respondents
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Dr. Yug Mohit Chaudhary alongwith Ms. Payoshi Roy, for the
Petitioner.
Mr. J. P. Yagnik, APP for State-Respondent.
Mr. Sandesh D. Patil, for NIA-Respondent No.2.
Ms. i, AGP for State-Respondent.
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CORAM : S.S. SHINDE &
ABHAY AHUJA, JJ.
DATE : 3RD JUNE 2021
(VACATION COURT THROUGH VIDEO CONFERENCING)
P.C. :
1. Heard learned counsel for the parties.
2. We are informed that the parties have obtained copies of
medical report of Dr. Hany Babu Tharayil dated 1st
June 2021.
3. Mr. Chaudhary, learned counsel for Petitioner submits that
copy of the report suggests that the Petitioner’s husband still
requires critical care despite the hospital stating in its report that
the patient is clinically and hemodynamically stable and is ready
for discharge. He submits that in view of the care that Petitioner’s
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2. 2 53. WP 1983-21.odt
husband requires, instead of sending him to jail, he should be
allowed to be taken care of under facilities of house arrest.
4. Mr. Patil appearing for Respondent-NIA objects to the same
submitting that report clearly mentions that Petitioner’s husband is
ready for discharge.
5. Considering the arguments of the learned counsel, we request
the hospital to further examine Petitioner’s husband with the help
of experts and advise on his care during the convalescence period.
The further report be submitted by 14th
June, 2021.
6. In the meanwhile, ad-interim order dated 27th
May 2021
passed by this Court, to continue till the next date.
7. At this stage, Mr. Chaudhary also makes a request that family
members of Petitioner’s husband viz. Petitioner, her daughter and
mother-in-law, be permitted to visit the Petitioner’s husband in the
hospital; the same is permitted till the next date, subject to and as
per the hospital protocol.
8. List the matter on 15th
June 2021 before appropriate bench.
9. Parties to act on an authenticated copy of this order.
(ABHAY AHUJA, J.) (S.S. SHINDE, J.)
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