Jaya Talakshi Chheda v. State Of Maharashtra

Jaya Talakshi Chheda v. State Of Maharashtra

(Supreme Court Of India)

Criminal Appeal No. 1808 of 2017 | 24-10-2017

Ranjan Gogoi, J. - Leave granted.

2. We have heard the learned counsels for the parties.

3. Taking into account the fact that the appellant's requirement to undergo Surgery/Angioplasty is not in dispute, we find the prayers made by the appellant for being treated in a private hospital of her choice and at her own cost to be reasonable, particularly, in a situation where she is averse to taking treatment in the Government Hospital on account of the fact that her son, a co-accused, had died while undergoing treatment in a Government Hospital. We, therefore, modify the order of the High Court; allow this appeal and permit the appellant to undergo Surgery/Angioplasty in a private hospital of her choice and at her own cost details of which will be provided to the concerned Jail Authorities where after the concerned Jail Authorities will work out the necessary details so as to enable the appellant to have the requisite treatment. The appellant may move the High Court for grant of interim bail as and when the schedule and other details of the treatment is finalized.

4. With the aforesaid modification of the order of the High Court, the present appeal is disposed of.

Advocate List
Bench
  • HON'BLE JUSTICE MR. RANJAN GOGOI
  • HON'BLE JUSTICE MR. NAVIN SINHA
Eq Citations
  • 2018 (2) RCR (CRIMINAL) 816
  • 2018 ALLMR (CRI) 899
  • LQ/SC/2017/1538
Head Note

Criminal Procedure Code, 1973 - Ss. 357 and 436 — Medical treatment — Undergoing surgery/angioplasty — Permission to undergo surgery/angioplasty in a private hospital of her choice and at her own cost, granted, particularly, in a situation where she is averse to taking treatment in Government Hospital on account of the fact that her son, a co-accused, had died while undergoing treatment in a Government Hospital