Santosh Uttam Pawar vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

Santosh Uttam Pawar vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: surgery permitted at a private hospital of the petitioner's choice at his own cost; prison escort to produce him one day prior to surgery and bring him back on fitness certification, with interim stay in the Jail Hospital until recovery; exemption from depositing police-deputation charges; medical case papers to be handed over against acknowledgment; learned APP to place the petitioner's medical report on record; matter stood over to 2nd April, 2025. The underlying prayer for remission of sentence remains undecided.

Issue for consideration

Whether the petitioner, a prisoner suffering from HIV and other medical ailments who had twice declined surgery at the Government Hospital, may be permitted to undergo surgery at a private hospital of his choice while in custody. +1 more

Court's answer

The Court permitted the petitioner to have his surgery performed at a private hospital of his choice, subject to the petitioner paying the costs of the surgery.

Ratio / Principle

The Superintendent of Kolhapur Central Prison is to take the petitioner to the hospital one day prior to the surgery date, bring him back once doctors certify him fit for discharge, and keep him in the Jail Hospital for a few days until his wounds recover.

Key takeaways

In view of the petitioner's financial condition and the peculiar facts, he is not required to deposit any charges towards the police personnel deputed at the hospital.ratio¶6
The Superintendent of Kolhapur Central Prison is to hand over all the petitioner's medical case papers to him (retaining a xerox copy) against acknowledgment, to enable the petitioner or his family members to take appropriate steps.ratio¶9

Detailed headnote1 paragraphs

Bombay High Court (Revati Mohite Dere & Dr. Neela Gokhale, JJ.), Criminal Writ Petition No. 795 of 2024, order dated 13th March, 2025 — Interim medical directions in a 2023 jail petition seeking remission of sentence under the Maharashtra Prison Rules and the Criminal Procedure Code. The petitioner, incarcerated at Kolhapur Central Prison, is HIV positive with other ailments and has an abscess requiring urgent surgery; after counselling he twice refused surgery at the Government Hospital and then sought to undergo surgery at a private hospital of his choice. Permitting this in the peculiar facts, the Court allowed the surgery at a private hospital of his choice subject to his bearing its cost; directed the Superintendent to produce him at the hospital one day prior to the surgery and bring him back on doctors certifying fitness for discharge, with interim confinement in the Jail Hospital until his wounds recover; exempted him, considering his financial condition, from depositing charges for the police deputed to the hospital; and directed handover of all his medical case papers (a xerox copy retained) against acknowledgment. Learned APP to place the medical report on record; matter stood over to 2nd April, 2025. The remission claim itself was not decided.

903-WP-795-2024.doc

Digitally signed by RUPALI RUPALI RAJESHWAKODIKAR RAJESHWAKODIKAR Date:2025.03.18 15:05:00 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO. 795 OF 2024

Santosh Uttam Pawar ...Petitioner Versus The State of Maharashtra ...Respondent

Ms. Vrushali Maindad, appointed Advocate, for the Petitioner.

Mrs. P.P.Shinde, A.P.P for the Respondent-State.

CORAM : REVATI MOHITE DERE &

DR. NEELA GOKHALE, JJ. DATE : 13th MARCH, 2025

P.C. :

The aforesaid petition was filed by the petitioner, through

jail, in 2023, seeking remission of his sentence under the Maharashtra

Prison Rules and the provisions of the Criminal Procedure Code.

During the course of hearing of the aforesaid application,

learned appointed Counsel appearing for the petitioner submitted that

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the applicant is suffering from HIV and has serious medical ailments, as a result of which, we called for the medical report of the petitioner. Pursuant thereto, learned APP submitted the medical report of the petitioner which showed that the petitioner was suffering from HIV and placed before us the parameters pertaining to HIV. The petitioner, who was heard through video conferencing on 14^th January, 2025, informed us about his other medical ailments, due to which, he was unable to perform his day-to-day activities. Pursuant thereto, we directed the Superintendent of Kolhapur Central Prison, Kolhapur, to submit a fresh medical report of the petitioner with respect to the petitioner’s medical condition, after his check-up at the Government Hospital.

Pursuant thereto, on 20^th January, 2025, learned APP tendered the medical report of the petitioner dated 27^th January, 2025. It appears that the petitioner has abscess over his back which needs urgent surgical intervention, however, the petitioner has denied his consent for the same. Counselling of the petitioner was done,

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pursuant to which, he agreed to get his surgery done at the Government Hospital. It appears that pursuant to the counselling, the petitioner was again admitted to the Government hospital for performing surgery, however, before the surgery could be performed, he refused to get his surgery done.

Today, learned Counsel for the petitioner, on instructions of the petitioner and the petitioner, who also appears before us through video conferencing, request that he may be permitted to undergo surgery at the private hospital of his choice.

In the peculiar facts and considering the previous medical reports and the medical condition of the petitioner, we permit the petitioner to get his surgery performed in a private hospital of his choice, subject to the petitioner paying the costs of the said surgery.

Accordingly, the Superintendent of the Kolhapur Central

Prison, Kolhapur, to take the petitioner to the hospital, one day prior

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to the date when the surgery is to be performed in the hospital, so as to enable the Doctors to perform the surgery on the petitioner. The petitioner to be brought back to the Government Hospital on the Doctors certifying that the petitioner is fit for discharge. Thereafter, for a few days, the petitioner to be kept in the Jail Hospital, till his wounds are recovered.

6. Considering the financial condition of the petitioner, in the

peculiar facts, the petitioner is not required to deposit any charges towards the Police, who will be deputed in the Hospital.

Stand over to 2^nd April, 2025.

8 Learned APP to place on record the petitioner’s Medical Report on the next date.

The Superintendent of the Kolhapur Central Prison,

Kolhapur, to hand over all the medical case papers of the petitioner to

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the petitioner, after retaining a xerox copy of the same, so as to enable

the petitioner /his family members to take appropriate steps, after taking an acknowledgment.

DR. NEELA GOKHALE, J. REVATI MOHITE DERE, J.

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