Bombay High Court
Ajay Alias Golden Ramdas Gaiwad vs State Of Maharashtra on 6 February, 2024
Author: Prithviraj K. Chavan
Bench: Prithviraj K. Chavan
2024:BHC-AS:5773 21-IA-160-2024.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.160 OF 2024
IN
CRIMINAL BAIL APPLICATION NO.3637 OF 2022
Ajay alias Golden Ramdas Gaikwad ] Applicant
Vs.
State of Maharashtra ] Respondent
.....
Mr. Satyam H. Nimbalkar a/w Mr. Rushikesh Kamble a/w Mr.
Abhishek Arote, for Applicant.
Ms. Anamika Malhotra, A.P.P, for Respondent - State.
Mr. V.A. Takale, A.P.I, Bhuinj Police Station.
.....
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATE : 6th FEBRUARY, 2024.
P.C.
1. Heard learned Counsel for the applicant and the learned
A.P.P.
2. The applicant is being prosecuted by Bhuinj Police Station,
District. Satara vide C.R. No.0004 of 2021 for the offences
punishable under sections 302, 307, 364, 120B, 396, 201 r/w 34 of
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the Indian Penal Code and Sections 3 (1) (i), (ii), 3 (2) and 3 (4) of
the Maharashtra Control of Organized Crime Act, 1999.
3. Learned Counsel prays for temporary bail to avail medical
treatment, especially to undergo hip replacement surgery in respect
of which prisoners Medical report dated 5 th February, 2024 is
tendered on record which was issued by the Medical Officer,
Kolhapur Central Prison, Kolhapur. Clauses 7, 10,11,12, 13 to 16
of the same are reproduced below;
"07] Past illness/accident/operations (if any): As per
the history given by the patient himself during his
admission at this prison, he has history of old trauma
with pain in both hip since one year joints MRI of both
hip joints has done at Gaurishankar Diagnostic and
Research Centre Pvt Ltd., Satara on 05/06/2022. It
shows that avascular necrosis of heads of both the
femoral bones, right femoral head stage 3 ficat and ariet
classification and left femoral head stage 2. During the
course and treatment at Hardikar Hospital Pune he was
diagnosed as Covid 19 +ve on 14/09/2020. Hence his
operative procedure is postponed and he has been
asked to come after three week priorly done Covid 19
RTPCR test comes negative then he will be posted for
surgery.
He was admitted at Hardikar Hospital Pune for
the B/L AVN of hip on 12.09.2020 and discharged on
14/09.2020. Due to Covid 19 positive report.
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10. Clinical diagnosis : He has sent to Seva Hospital
Kolhapur on 08/06/2021, and to CPRH on
20/07/2021, 17/12/2021, 03/01/2022, 08/01/2022 for
further treatment for his physical complaints.
Due to Covid 19 on 08/06/2021, 20/07/2022 at
Seva Hospital there was no Orthopedician at Seva
Hospital, Bawada, Kolhapur.
He sent at CPRH on 17/12/2021. He was seen
by orthopedician of CPRH and said that he has
difficulty in sitting and changing position with pain. He
gave medicine Tab Diclofenac 1-0-1, Tab Bplex 0-0-1,
tab Vit C 1-0-0 tab tab Ondem 0-1-0.
On 03/01/2022 he was seen by lecturer of
Othopedician Dr. Rahul of CPRH, Kolhapur. He had
same complaints. He adviced for hip replacement
treatment. For the treatment facility is not available in
CPRH Kolhapur, it needs to be referred to higher
centre for the same.
On 08/01/2022, the CPRH Kolhapur referred
him at higher centre at J.J. Hospital Mumbai or
Sassoon Hospital, Pune for B/L Total Hip Replacement.
On 26/03/2022, he has sent to Sassoon Hospital,
Pune for further treatment. As per CPRH referral
letter and he is advised: avoid floor level activities,
avoid Indian toilet, recommended toilet chair &
physiotherapy, hip range exercises, hip and knee
strengthening, and medication.
The said prisoner seen regularly by visiting
Orthopedician of CPRH and said that he has difficulty
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in sitting and changing position. He got treatment &
orthopedic exercise advised by visiting expert medical
officer from CPRH, Kolhapur.
11. Medical facilities available in prison hospital:-
(Whichever is available the same will be tick marked)
1. Multipara Monitor - 2 ECG Machine Yes
3. Gulcometer Yes 4 Liver Function -
Test
5. Sputum Exam - 6 Urine Test -
7. Dengue Rapid Test - 8 Malaria Rapid -
Test
9. X-Ray Facility - 10 Dental Services Yes
11. Renal Function Test - 12 Nebulisation Yes
13. Proctoscopy - 14 ICTC lab for HIV Yes
15. General Ward Yes 16 Isolation Ward Yes
17. Psychiatric Ward Yes 18 In House Yes
Ambulance
Service
19. Prison Ward Yes 20 Emergency Kit Yes
with Oxygen
12. Treatment given: He is on regular treatment as
advised by the experts from Govt. Sassoon Hospital,
Pune & CPR hospital, Kolhapur.
13. Medical advice (if any): He is on medical line of
management advised by Govt. Sassoon Hospital, Pune.
16) Opinion of medical officer qua sr. No.1: Patient
has above mentioned illness and he is on regular
treatment adviced by the experts from Govt. Sasoon
Hospital, Pune. He is regularly treated in this prison
hospital for all his ailments but not responding properly
to oral and local medicines, may needs urgent surgical
intervention.
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4. The Hon'ble Supreme Court in the latest judgment in the case
of Satyendar Kumar Jain Vs. Directorate of Enforcement, 2023 SCC
Online, SC 686 while dealing with a similar application for grant of
interim bail on medical ground observed that a citizen has a right to
take treatment of his choice, at his own expenses, in a private
hospital. The Hon'ble Supreme Court has, therefore, deemed it
appropriate to release the applicant on interim bail on medical
grounds for a limited period of six weeks.
5. Considering the nature of the ailment and the surgery
required to be conducted and also in light of the fact of right of the
prisoner to get treatment of his choice even from a private medical
institution, applicant needs to be released temporarily in order to
get the treatment as above.
6. Needless to state that all the expenses of admission in the
Hospital, surgery and post operative medication shall be borne by
the applicant himself.
7. Now, to the order;
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:ORDER:
(a) The applicant - Ajay alias Golden Ramdas
Gaikwad be released on temporary bail on medical
ground till 10th May, 2024 for the purpose of
undergoing hip surgery, on executing a P.R bond in the
sum of Rs.50,000/- with one or two sureties in the like
amount to the satisfaction of the trial Court;
(b) The applicant shall intimate his date of
admission for surgery in the Hospital, date of surgery
as well as his approximate duration in the Hospital as
an indoor patient, to the Investigating Officer and the
trial Court;
(c) The applicant shall not leave jurisdiction of the
Pune District Court until his discharge;
(d) The applicant shall furnish his contact details,
permanent residential address to the Investigating
officer and to the trial Court;
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(e) The applicant shall surrender his passport, if any,
to the Investigating officer. If the applicant does not
possess a passport, the applicant shall file an affidavit
before the trial Court;
(f) The applicant shall immediately return to the
prison after his discharge from the Hospital and as per
medical advice.
8. In case of breach of any of the conditions, temporary bail
granted to the applicant on medical ground shall stand cancelled
automatically.
9. Interim Application stands disposed of.
10. List Bail Application on 10th June, 2024.
[PRITHVIRAJ K. CHAVAN, J.]
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