In a significant development, the Court presided by Hon. Justice M S Karnik, has directed that an accused (Ajay Ajit Peter Kerkar) bail applicant, facing multiple charges under the Indian Penal Code, be taken for a medical follow-up at Bombay Hospital. The case involves serious allegations under sections 409, 418, 465, 467, 468, 420, 421, 422, 471, 477A, and 120B of the IPC, connected to Criminal Case No. EOW in FIR No. 4700219 of 2021, registered with Cuffe Parade police station. The applicant was arrested on 26th November 2020.
The Court’s attention was drawn to an earlier order dated 2nd November 2023. The applicant’s counsel expressed concerns that, despite a discharge summary from Bombay Hospital recommending a follow-up within seven days, the applicant had not been taken back for the required medical check-up.
The Learned Prosecutor, opposing the bail application, presented a report from the jail hospital. According to the report, the applicant was admitted to Bombay Hospital from 16th June 2023 until his discharge on 2nd November 2023. The report stated, “Patient is continued on medication as advised by Bombay Hospital. He is stable on medication at present. His follow-up with Bombay Hospital has not occurred due to the lack of a specific appointment from the hospital or the patient’s family. He will be sent to the hospital as per appointment when received for follow-up or in case of emergency.”
The prosecutor emphasized that there had been no requisition from the hospital or the applicant’s family for the follow-up check-up. Furthermore, it was noted that the concerned doctor at Bombay Hospital was currently on leave. However, the Prosecutor assured the Court that the prison authorities were prepared to take the applicant to the hospital for genuine reasons and confirmed that proper medication was being provided.
Considering the prolonged hospitalization of the applicant and on humanitarian grounds, the Court found it appropriate to ensure the applicant receives follow-up care. The Court ordered that the applicant be taken to Bombay Hospital within one week for a follow-up with the concerned doctor or any available doctor. The applicant’s family has been instructed to secure an appointment and inform the prison authorities in advance to facilitate the necessary arrangements for the medical check-up.
This directive underscores the Court’s commitment to addressing health concerns while balancing the demands of justice.
Case Reference: BAIL APPLICATION NO. 4096 OF 2023 AJAY AJIT PETER KERKAR ..APPLICANT VS. CENTRAL BUREAU OF INVESTIGATION AND ORS. ..RESPONDENTS – Bombay High Court
