Case Note & Summary
The petitioner, Smt. Jaya Talakhsi Chheda, was convicted by the Sessions Judge at Greater Bombay on 31 July 2013 for offences under Sections 120B, 302 read with 34 of the Indian Penal Code, 1860, and sentenced to life imprisonment. She filed Criminal Appeal No. 1012 of 2013 before the Bombay High Court, which was admitted and pending. In 2013, she applied for temporary bail on medical grounds, which was rejected by the High Court on 23 December 2013, but the court directed her transfer from J.J. Hospital to Jaslok Hospital for treatment at her own cost. Subsequently, her son died in prison, and she sought furlough to perform last rites; the court allowed her to visit Mumbai under police escort. In the present writ petition under Articles 226 and 227 of the Constitution read with Section 389 CrPC, she sought quashing of Crime No. 185 of 2016 and suspension of her sentence for 16 weeks to undergo treatment for hypertension without mental pressure. The court observed that the petitioner was already receiving treatment at Jaslok Hospital under police escort as per earlier orders, and there was no indication that the required medical care could not be provided in custody. The court dismissed the petition, holding that the mere desire to be free from mental pressure did not justify temporary release when adequate medical facilities were available.
Headnote
A) Criminal Procedure - Suspension of Sentence - Section 389 CrPC - Medical Grounds - The petitioner, convicted under Sections 120B, 302 read with 34 IPC, sought suspension of sentence for 16 weeks for medical treatment of hypertension. The court held that since the petitioner was already receiving treatment at Jaslok Hospital under police escort as per earlier orders, and there was no evidence that the required treatment could not be provided in custody, the application for temporary release was not justified. (Paras 1-5)
B) Prisoners' Rights - Medical Treatment - Adequacy - The court noted that the petitioner had been transferred to Jaslok Hospital for surgery at her own cost and was under treatment. The mere desire to be free from mental pressure did not constitute a ground for suspension of sentence when adequate medical facilities were available. (Paras 3-5)
Issue of Consideration
Whether the petitioner, convicted for murder and sentenced to life imprisonment, is entitled to suspension of sentence for 16 weeks on medical grounds to undergo treatment for hypertension without mental pressure.
Final Decision
The writ petition is dismissed. The court held that the petitioner is already receiving adequate medical treatment at Jaslok Hospital under police escort, and there is no justification for suspending the sentence for 16 weeks.
Law Points
- Suspension of sentence under Section 389 CrPC
- Temporary bail on medical grounds
- Adequacy of medical treatment in custody
- Right to health of prisoners
Case Details
Writ Petition No. 1917 of 2016
Mr. Niranjan Mundargi i/b Mr. Santosh Shankar Musale for the Petitioner, Mr. K.V. Saste, A.P.P. for the Respondent/State
Smt. Jaya Talakhsi Chheda
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution read with Section 389 CrPC seeking quashing of FIR and suspension of sentence on medical grounds.
Remedy Sought
Quashing of Crime No. 185 of 2016 and suspension of sentence for 16 weeks to undergo medical treatment for hypertension without mental pressure.
Filing Reason
Petitioner, convicted for murder and sentenced to life imprisonment, sought temporary release to receive medical treatment for hypertension, claiming mental pressure in custody.
Previous Decisions
Conviction on 31 July 2013 by Sessions Judge; Criminal Appeal No. 1012 of 2013 pending; earlier temporary bail application rejected on 23 December 2013 but direction to transfer to Jaslok Hospital for treatment; furlough granted for son's last rites on 25 March 2014.
Issues
Whether the petitioner is entitled to suspension of sentence for 16 weeks on medical grounds.
Whether the medical treatment available in custody is adequate for the petitioner's condition.
Submissions/Arguments
Petitioner argued that she suffers from hypertension and needs treatment without mental pressure, and that her son died in prison.
State opposed, stating that the petitioner is already receiving treatment at Jaslok Hospital under police escort as per court orders.
Ratio Decidendi
A convict is not entitled to suspension of sentence on medical grounds if adequate medical treatment is already being provided in custody under court orders. The mere desire to be free from mental pressure does not constitute a valid ground for temporary release.
Judgment Excerpts
By this writ petition filed under Articles 226 and 227 of the Constitution of India, read with section 389 of the Criminal Procedure Code, 1973, the petitioner has applied for quashing and setting aside the Crime No. 185 of 2016 registered with the Pantnagar Police Station and seeks suspension of the sentence for temporary period of 16 weeks...
By an order dated 23rd December, 2013, this court rejected the said bail application. This court however directed the respondent to transfer the petitioner from the J.J.Hospital to Jaslok Hospital for treatment at her own cost...
Procedural History
Petitioner convicted on 31 July 2013 by Sessions Judge; filed Criminal Appeal No. 1012 of 2013 (pending); applied for temporary bail on medical grounds in 2013 (rejected on 23 December 2013 but direction to transfer to Jaslok Hospital); applied for furlough for son's last rites (allowed on 25 March 2014); filed present writ petition in 2016 seeking suspension of sentence for 16 weeks on medical grounds.
Acts & Sections
- Constitution of India: Articles 226, 227
- Criminal Procedure Code, 1973: Section 389
- Indian Penal Code, 1860: Sections 120B, 302, 34
