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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 1381 OF 2019

Pratim @ Peter Balram Mukerjea ...Applicant

Versus
Central Bureau of Investigation & Anr. ...Respondents

Mr. Shrikant Shivade I/b Mr. Amit P. Ghag and Mr. Viral Babar for the
Applicant

Mr. Ejaz Khan, Spl. P.P. for the Respondent No.1-CBI

Mr. A. R. Kapadnis, A.P.P for the Respondent No.2-State

Mr. Manoj M. Joshi, Associate Professor and HOD from Dept. of WTS,
GGMC JJ Hospital, is present

Mr. Sachin M. Zinjurde, Jailor from Mumbai Central Prison, Mumbai, is

present

CORAM : REVATI MOHITE DERE, J.

MONDAY, 1st JULY 2019
P.C. :

1 Learned counsel for the applicant submits that though the

applicant is required to be taken to Asian Heart Institute & Research

Centre Pvt. Ltd. for post-operative cardiac rehabilitation programme,

every alternate day, the jail authorities are not in a position to take the

applicant as required for post-operative cardiac rehabilitation

programme, for want of escort, at times. He states that due to lack of

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escort, the applicant could not be taken earlier on a few dates and after

27th June 2019. He further submits that the long travel from Arthur

Road Jail to Asian Heart Institute is also affecting the patient's health,

considering he has undergone open heart surgery. Learned counsel

relied on the medical report of the Asian Heart Institute dated 26 th June

2019, which states that the patient has an enlarged heart, respiratory

tract infection, heart palpitations, anxiety and depression. He further

submits that since it is difficult for the applicant to travel from Arthur

Road jail, every alternate date, as required for post-operative cardiac

rehabilitation, the applicant be permitted to get himself admitted in

Criti Care Hospital and Care Habitat, for post-operative cardiac

rehabilitation programme. He submits that about 7 sessions are left to

be undergone by the applicant. He further submits that the sister of

the applicant be permitted to visit the applicant during the said period,

as was directed by the CBI Court vide order dated 18th March 2019.

2 Mr. Khan, learned counsel for the CBI raises a concern.

He submits that the applicant should not be allowed to meet any

person, since the trial is in progress and the applicant's son is yet to be

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examined. He submits that none except the sister be permitted to visit

the applicant during the said period and that too, during the visiting

hours.

3 It appears that vide order dated 11th April 2019 passed by

the Special Judge, the applicant was granted permission to continue

the stay at Asian Heart Institute and Research Centre Pvt. Ltd.,

Bandra-Kurla Complex, Bandra (East), at his own cost, in order to

undergo cardiac rehabilitation programme at the said hospital. The

said order has not been challenged by the CBI. It appears that the

Asian Heart Institute and Research Centre could not keep the

applicant in hospital and accordingly discharged him and asked the

applicant to report every alternate day for post-operative cardiac

rehabilitation programme. It also appears that though this Court

directed that the applicant be taken in an ambulance, under police

escort, for the treatment, due to lack of escort, the applicant could not

be taken on a few dates, as required by the hospital for post-operative

cardiac rehabilitation programme. It appears from the medical report

of the Asian Heart Institute dated 26th June 2019 (post surgery), which

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was given after examining the applicant, that the applicant has an

enlarged heart, respiratory tract infection, heart palpitations, anxiety

and depression and accordingly, was advised to undergo certain

investigations i.e. Holter Monitoring test, Sputum Culture Test and X-

ray Chest.

4 The applicant underwent coronary artery bypass surgery

on 25th March 2019 and is required to undergo post operative cardiac

rehabilitation and physiotherapy for the same. Learned counsel for the

applicant states that Criti Care Hospital is ready to admit the applicant

for post-operative cardiac rehabilitation treatment i.e. to complete the

7 sessions which are left, out of the 26 sessions.

5 It is not in dispute, that the applicant was permitted by the

CBI Court vide order dated 11 th April 2019 to continue his stay at

Asian Heart Institute, at his own cost, in order to undergo cardiac

rehabilitation programme, considering the applicant's submission that

in open heart surgery, the breastbone and all nerves are cut and as

such, the body movements are restricted and that the rehabilitation

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programme in Cardiac Rehabilitation Centre will strengthen the

overall endurance of the patient and that irreversible and irreparable

damage will be caused, if applicant is not allowed to undergo cardiac

rehabilitation programme.

6 As Asian Heart Institute is unable to keep the applicant in

their Hospital, and as the applicant has not been able to go for post-

operative rehabilitation, due to lack of police escort on a few dates, the

applicant is permitted to get himself admitted in Criti Care Hospital at

Andheri for a period of 15 days from tomorrow, to undergo post-

operative cardiac rehabilitation programme, at his own cost.

7 During the said period, the applicant shall not be

permitted to meet any visitors, except his sister and that too during

visiting hours. The police guards to ensure that the applicant's sister

does not carry any mobile in the room when she visits the applicant in

the hospital. The applicant shall not tamper with the witnesses during

the said period.

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8 The State to provide round the clock guards, as may be

necessary during the said period that the applicant is admitted in the

said hospital. The police to ensure that the applicant is taken in an

ambulance under police escort to Criti Care Hospital, tomorrow.

9 The doctors of Criti Care Hospital to submit a report with

regard to the applicant's health condition on or before 12th July 2019.

10 Stand over 12th July 2019. To be listed on the

supplementary board.

11 All concerned to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.

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