Allowed

Vilas Dagdu Shinde v. the State of Maharashtra

Bombay HC15 Mar 2016APPA/263/2016

Case brief

AI extract

What is this about?

The High Court allowed an application for shifting the applicant from CPR General Hospital to J.J. Hospital or St. George Hospital in Mumbai for urgent treatment of spreading gangrene and potential further amputation. The shift is to be executed in an ambulance at State cost.

What did the court decide?

Applicant to be shifted in an ambulance from CPR General Hospital, Kolhapur to either J.J. Hospital or St. George Hospital, Mumbai, at State cost.

Vilas Dagdu Shinde Vs the State of Maharashtra — Bombay HC (2016) — LawSathi Research

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901_appa_263_2016

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.263 OF 2016 IN CRIMINAL APPEAL NO.1262 OF 2013

Vilas Dagdu Shinde

...Applicant

Versus

The State of Maharashtra ...Respondent

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Mr. A.P. Mundergi, Senior counsel i/b. Mr. Aniket Vagal for the Applicant.

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Ms A.S. Pai, APP for the Respondent -State.

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CORAM: SMT. V.K. TAHILRAMANI &

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SMT. ANUJA PRABHUDESSAI, JJ DATED: 15th March, 2016

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PC:-

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Heard both the sides.

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The prayer of the Applicant in this application is for bail on medical ground. As the prayer was for bail on medical ground, the learned APP was directed to produce latest medical certificate relating to the health of the Applicant. Accordingly the learned APP has produced the certificate of the Dean of CPR General Hospital, Kolhapur dated 11.3.2016. Said certificate is taken on record and marked 'X' for identification. The Applicant is at

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Megha

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901_appa_263_2016

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present in CPR General Hospital, Kolhapur. Said certificate states that on 24.1.2016 toe of the Applicant was amputated under the ankle. On 17.2.2016 his left leg below the knee was amputated. The amputation was required as the left toe of the Applicant was infected with gangrene. The imputation below the left knee was required as even though the toe was amputated the infection of gangrene spread upwards and his left leg had to be amputated from below the knee. Though the left leg was amputated below the knee it appears that gangrene is spreading. The latest medical report shows that there is purulent collection in the wound due to which the left leg above knee may also require amputation. The medical certificate states that the Applicant be sent to higher center for management and on urgent basis.

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From the medical certificate it is clear that at CPR General Hospital, Kolhapur, they are unable to control the gangrene infection of the Applicant. At this stage, Mr. Mundergi, the learned senior counsel for the Applicant submitted that he is not pressing the prayer for bail on medical ground but he has requested that looking to the medical condition of the Applicant, the Applicant may be shifted to J.J. Hospital, Mumbai or St. Georges Hospital, Mumbai, which are bigger hospitals in Mumbai, so that the Applicant can receive proper treatment.

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Megha

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2/3

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901_appa_263_2016

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We found the above prayer to be reasonable. Hence, it is directed that the Applicant, who is at present in CPR General Hospital, Kolhapur, be shifted to either J.J. Hospital, Mumbai or St. George Hospital, Mumbai. These two hospitals are Government Hospitals and prisoners normally are sent to these hospitals and hence, there is arrangement for police guard at both the hospitals. In this view of the matter, the Applicant be shifted in an ambulance to J.J. Hospital, Mumbai or St. George Hospital, Mumbai, at State cost. Needless to state that once the Applicant is shifted to either J.J. Hospital or St. George Hospital, which are both Government Hospitals, he will be given necessary treatment at State cost.

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The application is allowed in above terms.

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(SMT. ANUJA PRABHUDESSAI,J.) (SMT. V.K. TAHILRAMANI,J.)

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Megha

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Vilas Dagdu Shinde v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Vilas Dagdu Shinde v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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