Disposed

Jenny Roweena W/O Hany Babu v. the State of Maharashtra and Anr.

Bombay HC17 Aug 2021WP/1983/2021

Case brief

AI extract

What is this about?

A criminal writ petition concerning the medical condition of an under-trial prisoner was considered. The High Court, relying on a hospital certificate stating the petitioner's husband had recovered from Covid-19 and orbital cellulitis, directed his discharge from the hospital and return to prison custody with continued medical safeguards.

What did the court decide?

The under-trial prisoner Mr. Hany Babu to be discharged from Breach Candy Hospital and re-lodged in Taloja Central Prison with directions for medical care.

Jenny Roweena W/O Hany Babu Vs the State of Maharashtra and… — Bail and Remand | Bombay HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO. 1983 OF 2021

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Jenny Roweena w/o. Hany Babu

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...Petitioner

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vs.

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The State of Maharashtra

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 ...Respondent

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Ms.Payoshi Roy a/w Ms.Chandni Chawla i/b. Dr.Yug Mohit Chaudhary for
Petitioner.

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Mr.Sandesh Patil a/w Mr.Chintan Shah for Respondent – NIA.
Smt.A.S. Pai, PP a/w Mrs.S.D. Shinde, APP for State.

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CORAM : S.S. SHINDE &

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N.J. JAMADAR, JJ.

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DATE : 17 AUGUST 2021

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P.C. :

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1. Heard learned Counsels for the parties.

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2. Perused the Medical Report submitted by Breach Candy

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Hospital.

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3. The Consultant Ophthalmologist and Consultant Physician &

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Intensivist, Breach Candy Hospital Trust, where the husband of the
Petitioner has been admitted, pursuant to the order passed by this court on
19th April 2021, have certified that the condition of Mr.Hany Babu Tharayil,
an under-trial prisoner, has improved. He has recovered completely from
Covid-19 and orbital cellulitis. He is fit for discharge. He does not require
hospitalization any more.

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4.Learned Counsel for the Petitioner submits that the Petitioner

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also reckons that the health of her husband has substantially improved and
there is no necessity of further hospitalisation.

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5.In view of the aforesaid medical report and the submissions on
behalf of the Petitioner, we direct that Mr.Hany Babu, the under-trial
prisoner, be discharged from Breach Candy Hospital and re-lodged in the
prison.

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6. In view of the nature of the ailment the prisoner had been suffering from, we direct the Superintendent, Taloja Central Prison to take the prisoner to JJ Hospital, as and when required.

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7. In case of necessity of consultation with the consultants, who treated the prisoner at Breach Candy Hospital, the Superintendent, Taloja Central Prison is at liberty to consult those consultants.

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8. As the petition has served its purpose, we dispose of the

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petition.

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All concerned to act on an authenticated copy of this order.

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(N.J. JAMADAR, J.)

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(S.S. SHINDE, J.)

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Digitally signed by SANSKRUTI A SANSKRUTI THAKUR A THAKUR Date: 2021.08.17 19:47:10 +0530

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Jenny Roweena W/O Hany Babu v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Jenny Roweena W/O Hany Babu v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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