Allowed

Vilas Dagdu Shinde v. the State of Maharashtra

Bombay HC3 May 2017APPA/687/2017

Case brief

AI extract

What is this about?

In a criminal bail application for medical grounds, the High Court of Judicature at Bombay rejected temporary bail but directed the State to shift the applicant from Kolhapur Central Prison to J.J. Hospital, Mumbai, for prosthetic limb treatment followed by his return to prison.

What did the court decide?

Temporary bail denied; applicant shifted to J.J. Hospital, Mumbai for prosthetic limb treatment; to remain in hospital during treatment; shifted back to prison after 15 days.

Vilas Dagdu Shinde Vs the State of Maharashtra — Medical Negligence | Bombay HC (2017)

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1 APPA.687/2017-APEAL.1262/2013(903)

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mnm

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO. 687 OF 2017 IN

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CRIMINAL APPEAL NO. 1262 OF 2013

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Vilas Dagdu Shinde ...Applicant(Orig.Accused No.5) Vs. The State of Maharashtra ...Respondent

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Mr. Aniket Vagal, Advocate for the Applicant Mr. H.J. Dedia, A.P.P. for the State

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CORAM : SMT. V.K. TAHILRAMANI, & M.S. KARNIK, JJ. DATED :3^RD MAY, 2017

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P.C. :

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Heard both sides.

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The applicant has severe diabetes. The applicant is at present

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in Kolhapur Central Prison, Kalamba, Kolhapur. The applicant had

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wound on his left leg when he was in jail. On account of severe diabetes, the wound did not heal and instead got infected. Gangrene was detected and the left leg of the applicant was amputated below the knee. The applicant is seeking temporary bail on medical ground for a period of 4 weeks for undergoing

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prosthetic artificial limb treatment.

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2 APPA.687/2017-APEAL.1262/2013(903)

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Learned A.P.P on the other hand submitted that the applicant

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has been convicted in a case under the MCOC Act i.e. in Special Case No.20 of 2011. Looking to the evidence on record it cannot be said that the applicant is not involved in the crime. In this view of the matter even temporary bail cannot be granted to the applicant.

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However, looking to the fact that the left leg of the applicant has been cut off below the knee it may be necessary to get treatment of prosthetic artificial limb. As stated earlier we are not inclined to grant him temporary bail. However, instead we direct that the applicant be shifted from Kolhapur Central Prison, Kalamba, Kolhapur to Arthur road Jail, Byculla, Mumbai. They shall admit him in J.J. Hospital, Byculla, Mumbai.

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The Arthur road jail authorities and authorities at J.J.

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Hospital, Byculla, Mumbai to ensure that the applicant is taken to All India Institute of Physical Medicine & Rehabilitation at Haji Ali, Mumbai for treatment of prosthetic artificial limb as such treatment

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3 APPA.687/2017-APEAL.1262/2013(903)

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is provided there.

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The applicant shall be kept in J.J. Hospital, Byculla, Mumbai

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till his treatment is complete. As soon as the treatment is over the applicant be shifted back to Arthur Road Prison, Mumbai where he shall be kept for 15 days and thereafter, he shall be shifted to Kolhapur Central Prison.

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The application is allowed in the above terms.

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Parties to act on the authenticated copy of this order.

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(M.S. KARNIK, J.) (SMT. V.K. TAHILRAMANI, J.)

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

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