Bombay High Court
Sudhakar Omkar Bunde vs The State Of Mah. Thr. Pso, Ps Tamgaon, ... on 18 January, 2024
65.APPA.1296.23.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION NO.1296 OF 2023
IN
CRIMINAL APPEAL NO.593 OF 2023
(Sudhakar Omkar Bunde Vs. State of Maharashtra and anr.)
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Mr. R.L. Khapre, Sr. Advocate a/b A. Anwar J. Mirza, Advocate for the appellant.
Mr. A.R. Chutke, APP for respondent No.1/State.
Mrs. S. Saware Gadhawe, Advocate (appointed) for respondent No.2.
CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- JANUARY 18, 2024.
By this application, the applicant is seeking
appropriate directions to the Jail Superintendent, Akola
prison.
2. Mr. Khapre, learned Senior Counsel submitted
that the present applicant preferred Criminal Application
No.1228/2023 in Criminal Appeal No.593/2023 for
seeking suspension of sentence imposed by the Special
Court vide its judgment and order dated 19/08/2023 in
Special Case No.65/2019 thereby convicting the appellant
for the offences punishable under Sections 354 and 354A
of the Indian Penal Code, 1860 and Section 10 of the
Protection of Children from Sexual Offences Act, 2012.
This Court has passed the order on 05/12/2023 and
directed that the report of the Medical College and
Hospital, Nagpur as far as contention of the appellant that
he has to undergo bye-pass surgery is to be called.
3. In compliance of the aforesaid order, learned
Additional Public Prosecutor has placed on record the
report issued by the Professor and Head, Department of
Cardiology, Government Medical College, Nagpur stating
that the applicant is admitted his CVTS ward under
Dr. Satish Das for by-pass surgery for his heart ailment
which is to be done in coming week. After surgery he will
need recuperation for two months for wound healing and
physiotherapy and frequent visits to Surgeon. Such
attention cannot be provided in jail hospital which has
only primary health facilities.
4. Considering the report of the Medical Officer,
District Prison, Akola dated 09/12/2023, this Court
directed the applicant that the applicant within four days
of release admit himself in the Government Medical
College, Nagpur. The Professor and Head, Department of
Cardiology, Government Medical College, Nagpur is
requested to take immediate steps for treatment of
ailment of the applicant and perform necessary surgery as
per protocol so that the applicant can surrender before the
Superintendent of Jail, Akola as directed by this Court.
5. Learned Senior Counsel submitted that in
view of that, the applicant appeared before the
Government Medical College, Nagpur. However, the
surgery was not performed and the applicant was asked to
incur the expenses, and therefore, the applicant has not
given the consent to undergo the surgery.
6. Per contra, learned Additional Public
Prosecutor submitted the communication issued by the
Superintendent, Central Prison, Akola stating that the
amount of Rs.2,50,000/- was already sanctioned, but as
the applicant has not undergone the surgery, the amount
was to be returned back to the concerned department. He
submitted that already the amount of Rs.2,50,000/- is
sanctioned for the surgery, and therefore, he is entitled for
the said medical expenses as per the said communication.
7. Now, the applicant has filed an affidavit
stating that he is ready to give consent to undergo the
surgery and he is willing to undergo the heart surgery in
the Government Medical College and Hospital, Nagpur
and he had already given his consent in specific format
provided by the Hospital.
8. In view of that, as now the applicant is
already admitted in the hospital, the Government Medical
College, Nagpur has already complied the necessary
formalities and obtained the consent from the applicant.
In view of that, the Superintendent of Police, Central
Prison, Akola shall make arrangement for the expenses
which he has obtained by obtaining the grant of
Rs.2,50,000/-. If the expenses incurred are more than
Rs.2,50,000/- the applicant would be entitled for the
reimbursement as per the rules.
9. In view of that, the application deserves to be
allowed and following directions are given.
i) Criminal Application No.1296 of
2023 is allowed.
ii) The non-applicant - State of
Maharashtra through Superintendent of
Police, Jail Akola to bear the expenses of
surgery of the applicant and deposit the
expenses of Rs.2,50,000/- at Government
Medical College, Nagpur, immediately.
iii) If the expenses are more than
Rs.2,50,000/- the applicant would be
entitled for the further expenses as per
the rules.
10. The application is disposed of.
(URMILA JOSHI-PHALKE, J.)
*Divya
