Sachin S/O Kesharsingh Thakur vs State Of Maharashtra, Thr. Police ...
2021 Latest Caselaw 4783 Bom

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                            NAGPUR BENCH, NAGPUR.


                       CRIMINAL WRIT PETITION NO. 249/2021


          Sachin S/o Kesharsingh Thakur,
          Aged about 34 years, Occ. Nil,
          R/o. Koshtipura Sitabuldi,
          Nagpur
          (presently lodged in Central Prison, Nagpur)

                                                                        .... PETITIONER

                                        // VERSUS //

 1]       State of Maharashtra,
          Through Police Station Officer,
          Police Station Sitabuldi,
          Nagpur

 2]       The Superintendent,
          Central Prison, Nagpur,

 3]       The Government Medical College
          and Hospital, Through its Medical
          Superintendent, Medical Square, Ajani,
          Nagpur
                                                                   .... RESPONDENT(S)

  *******************************************************************
               Shri D.V. Chauhan, Advocate for the petitioner
              Ms. M. Deshmukh, APP for the respondent - State
  *******************************************************************

                               CORAM : Z.A.HAQ & AMIT B. BORKAR, JJ.

MARCH 16, 2021

ORAL JUDGMENT : (PER:- Z.A. HAQ, J.)

1] Heard.

 ANSARI




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 2]               RULE. Rule made returnable forthwith.



 3]               The petitioner has prayed for reliefs as per the prayers which

 are reproduced :-

        "i.            Hold that the conduct of the 2 nd and 3rd respondent is

in absolute violation of the petitioner's fundamental right under article 21 of the Constitution of India;

ii. Direct the 3rd respondent to conduct total, absolute and fair assessment of the petitioner's current medical condition in the background of the infection suffered by the petitioner and to submit a detailed report to this Hon'ble court or in alternate to submit such a report the court of District and Sessions Judge 1 Nagpur in pending MCOCA Case No. 3/2013;

iii. Upon submission of such report, the learned court of district and sessions judge 1, Nagpur be directed to decide the petitioner's bail application as expeditiously as possible ; iv. Direct that the petitioner be released on temporary bail looking to his current medical condition and during the pendency of his bail application by the learned district and sessions judge 1, Nagpur in MCOCA Case No. 3/2013; v. Grant and interim relief in terms of prayer clause iii above vi. allow the petition granted the relief that this Hon'ble court deems fit and proper in the facts and circumstances of the case."

4] Looking to the nature of the grievance of the petitioner, in our

view, the interests of justice would be sub-served by passing the following

order :-

 ANSARI




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                  (a)          The Sessions Court shall conduct the trial in

MCOCA Case No. 3/2013 expeditiously and in any case shall

conclude it till 16/06/2021.

(b) The other grievances of the petitioner shall be

taken care of by the learned Sessions Judge and the applications

which are pending and which may be filed shall be disposed

expeditiously.

(c) The grievance of the petitioner that the

respondents / authorities are not complying with the orders /

directions / communications issued by the learned Sessions

Judge regarding production of the medical record of the

petitioner can be taken care of by directing the respondents /

authorities to ensure production of the records as per the orders

/ directions / communications issued by the learned Sessions

Judge between 02/03/2021 and 12/03/2021.

(d) The respondents / authorities shall produce the

record before the Sessions Court on 17/03/2021 on which date

the matter is fixed before the Sessions Court.

(e) In case there is any non-compliance of the orders /

directions / communications issued by the learned Sessions

Judge, the petitioner will be at liberty to approach this Court by

contempt petition.

 ANSARI




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                  (f)          If the learned Sessions Judge is of the opinion that

any of his orders / directions / communications are not

complied with by the respondents / authorities immediately, the

learned Sessions Judge may also refer the matter to this Court

for initiating action against the defaulting respondent /

authority under the Contempt of Courts Act, 1971.

With the above directions, the writ petition is allowed. No costs.

Learned APP shall communicate this order to the respondents

immediately.

                   (JUDGE)                                   (JUDGE)




 ANSARI