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In the third consecutive hearing in the case,the Bombay High Court pulled up Mumbai polices Crime Branch and the Thane central prison authorities for taking no stern action against Suresh Bijlani,who was arrested for the murder of Navi Mumbai builder Sunil Lohariya but has allegedly feigned sickness to avoid staying in jail.
As police machinery,are you so helpless? the court remarked.
The court later asked Deputy Commissioner of Police (Detection) Satyanarayan Chaudhary to take over the case investigation and ascertain the medical condition of the accused by procuring his medical records from J J Hospital where he was examined by doctors.
Lohariyas son Sandeep had moved court claiming Thane police had taken no action against Bijlani,who,though under arrest,had been enjoying all facilities in the hospital,including using a mobile phone,meeting office associates and being ferried to the court in a Mercedez Benz car.
The crime branch submitted an affidavit to the court stating that since Bijlani is in judicial custody,it is the responsibility of the jail authority.
The superintendent of Thane prison,however,in his affidavit shifted blame to the investigating agency and said a letter was sent to the officer on the issue.
What we have noted from the affidavits is that blame is being shifted from one authority to another. Police is remarkably solicitous with this man (Bijlani). All of you are helpless and can do nothing, the high court said.
Justices S C Dharmdhikari and Gautam Patel said,Prisoners should not be kept without medical care but at the same time,there has to be balance. If truth has to be searched for,you (police) have to take harsh steps.
The court also observed that after August 16,when Bijlani was admitted to the Thane civil hospital,nobody had bothered to get an update on his health.
The court will hear the case further on September 27.
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