Order dated 21.5.21

1. 2 APEAL 444 OF 2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.444 OF 2021
Father Stan Swamy … Appellant
versus
The State of Maharashtra and Anr. … Respondents
Mr. Mihir Desai, Senior Advocate with Mr. Vijay Hiremath, Ms. Kritika Agarwal i/by
Mr. Mihir Joshi, for Appellant.
Mr. Anil Singh, Addl. Solicitor General with Mr. Sandesh D. Patil, Mr. Chintan Y.
Shah, Mr. P.S.Gole, for NIA.
Mr. Jayesh P. Yagnik, APP, present.
CORAM: S.J. KATHAWALLA &
SURENDRA P. TAVADE, JJ.
(VACATION COURT THROUGH VIDEO
CONFERENCING)
DATE: 21st
MAY, 2021
P.C.:
1. Pursuant to our order dated 19th
May, 2021, the Appellant was examined by
the Committee constituted of the following Doctors by the Dean of the J.J.Hospital :
(i) Dr. Kamlesh A. Jagiasi – Associate Professor & Head of Department of
Neurology;
(ii) Dr. Vitthal Kale – Associate Professor, ENT Department;
(iii) Dr. Amit Supe – Associate Professor, Orthopedic Department;
(iv) Dr. Shekhar Jadhav – Associate Professor, Surgery Department;
(v) Dr. Maithili Umate – Associate Professor, Psychiatry Department;
2. The complaints before the said Committee of the Appellant who is 84 years
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2. 2 APEAL 444 OF 2021.doc
old have been recorded as under :
Bilateral upper limb tremors,
Bilateral hearing loss,
generalized weakness,
occasional loose stools, and
occasional lower back pain;
3. The findings and recommendations of the Committee set out in the report
are as under :
“On examination, committee found that Mr. Father Stan Swami
is conscious, co-operative, afebrile, his blood pressure was normal
and was 115/80mm of Mercury on lying down. His pulse rate was
norma, it was 80/ minute.
On examination Neurologist found that his higher mental
functions were normal. He had tremors in both upper limbs and
these tremors increased on action and in different postures. He
had normal power in all four limbs. He had sluggish reflexes in
lower limbs and normal reflexes in upper limbs. He had imbalance
of gait.
Surgeon on examination found his per abdomen examination
normal. He had no tenderness, no guarding, no organomegaly.
Bilateral inguinal sear of inguinal hernia repair done in past were
normal.
Orthopedic surgeon on examination did not find any tenderness,
deformity, swelling on lumbar spine, his straight leg raising test
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was 0-90 degree in both lower limbs and he did not find any
neurological deficit. His lumbosacral spine X ray was done and
showed mild age related lumbosacral degeneration.
Psychiatrist on examination found that he had no major
psychopathology at present. ENT Surgeon on examination found
bilateral tympanic membrane to be intact. He found nose and
throat examination to be normal. Patients audiogram showed that
he had right ear moderately severe sensorineural hearing loss and
left ear severe sensorineural hearing loss.
The treatment advised by the committee is that he should be
provided with physical assistance, physical support in form of
walking stick, wheel chair as per requirement.”
4. We have also spoken to the Appellant through video conferencing. We have
observed that he has severe hearing problem and he is physically very weak. However,
we have conversed with him with the assistance of the person sitting next to him.
Though the Court as well as the learned Senior Advocate appearing for the Appellant
inquired from the Petitioner whether he would like to take treatment at J.J.Hospital or
at any other hospital of his choice, including Holy Family Hospital, he has
categorically stated that he does not want to be treated at any hospital and he will
prefer to die in jail rather than get admitted to any hospital. He has informed the
Court that his general health has completely deteriorated after he came to the Taloja
prison and ‘there is a lot of give and take in the prison’. He has therefore insisted that
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he should get interim bail.
5. In view of the above, the learned Senior Advocate appearing for the
Appellant has sought an adjournment for a few days to enable him to once again talk to
the Petitioner and convince him to seek treatment at the Holy Family Hospital at
Bandra. In view thereof, place the above Appeal on 7th
June, 2021. Liberty to apply
prior to the adjourned date if so required.
6. In the meantime, the Superintendent of the Taloja Central Prison is directed
to strictly follow the line of treatment as well as the facilities required to be provided to
the Appellant as set out in the report of the Committee dated 20th
May, 2021
( SURENDRA P. TAVADE, J. ) ( S.J.KATHAWALLA, J. )
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