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2016 Supreme(Bom) 1356
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S.OKA & R.D. DHANUKA, JJ.
Smt. Jaya Talakhsi Chheda - Appellant
Vs.
The State of Maharashtra - Respondent
WRIT PETITION NO. 1917 OF 2016
Decided on : 14-10-2016
For the Appellant : Mr. Niranjan Mundargi, i/b. Mr. Santosh Shankar Musale Adv.
For the Respondent: Mr. K.V.Saste, A.P.P. Adv.
The main legal point established in the judgment is that a person permitted to stay in the hospital for medical treatment after the expiry of their parole period cannot be charged as an absconder or for escaping from the jail custody.
Headnote:
Criminal Application - Suspension of Sentence - Indian Penal Code, 1860, Section 224 - The court discussed the petitioner's medical treatment and custody, and quashed the crime registered against the petitioner under Section 224 of the Indian Penal Code, 1860.
Fact of the Case:
The petitioner sought suspension of sentence and quashing of a crime registered against her for not surrendering to the prison authority after the expiry of her parole period. The petitioner had been admitted to the hospital for medical treatment.
Finding of the Court:
The court found that the petitioner was permitted to continue in the hospital until her treatment was completed and had not escaped from the lawful custody. The court quashed the crime registered against the petitioner.
Issues: The main issue was whether the petitioner, who was admitted to the hospital for medical treatment after the expiry of her parole period, could be charged under Section 224 of the Indian Penal Code for not surrendering to the prison authority.
Ratio Decidendi: The court held that the petitioner, who was permitted to stay in the hospital until her treatment was completed, could not be charged as an absconder or for escaping from the jail custody. The court emphasized that the petitioner was under the supervision of the respondent even in the hospital.
Final Decision: The court quashed and set aside the crime registered against the petitioner under Section 224 of the Indian Penal Code, 1860.
R.D.Dhanuka, J.
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 from the date of the order to enable the petitioner to take recourse of medical treatment without any mental pressure or of hypertension. Some of the relevant facts for the purpose of deciding this petition are as under :-
2. By an order dated 31st July 2013, the petitioner was convicted by the learned Sessions Judge at Greater Bombay for an offence punishable under section 120(B), 302 read with section 34 of the Indian Penal Code, 1860 and was sentenced to suffer rigorous imprisonment for life and to pay fine alongwith other accused named therein. The petitioner impugned the said order dated 31st July, 2013 by way of Criminal Appeal (1012 of 2013) before this court. The said appeal filed by the petitioner is admitted and is pending for hearing and final disposal.
3. Sometimes in the year 2013, the petitioner preferred an application (1785 of 2013) inter alia praying for a temporary bail on medical grounds before this court. 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 including the room charges, medicine and the charges of the medical officers for performing the surgery etc. This court however rejected the application for her release on temporary bail.
4. It is the case of the petitioner that son of the petitioner was also suffering from some serious health ailment and died in the prison. The petitioner thereafter applied for furlough to perform last rites of her son. Since the Jail Authority did not allow the said application, the petitioner filed criminal application (465 of 2014) before this court. By an order dated 25th March, 2014, this court directed the Superintendent of Yerawada Central Jail, Pune to permit the petitioner to perform last rites and rituals of her deceased son by visiting Mumbai under police escort and directed the Divisional Commissioner, Pune to decide the application for parole.
5. The petitioner thereafter filed a criminal application (1541 of 2015) before this court inter alia praying for temporary bail to enable the petitioner to undergo angiography and angioplasty. By an order dated 15th January, 2016, this court directed the respondent to get the applicant examined and investigated as suggested by the CMO, Nashik Road, Central Prison and to take further necessary steps as per further advise of Specialist/Physician in J.J.Hospital. This court directed the learned Assistant Public Prosecutor to submit a report of the physical health of the petitioner on the next date in order to carry out the exercise referred in the said order.
6. By an order dated 18th March, 2016, this court rejected the said application for temporary bail. This court however directed that if the Chief Medical Officer, Nashik Central Prison so desires, the petitioner could be again re- examined in the J.J.Hospital by a senior Cardiologist. This court in the said order considered the medical report of the petitioner signed by the Chief Medical Officer, Nashik Road Central Prison dated 17th March, 2016 and the report submitted by the Department of Cardiology, J.J.Hospital dated 3rd March, 2016. This court was of the view that the petitioner was put on medical treatment and did not require any intervention procedure like angiography at that time. The Medical Officer however advised to continue medical treatment, stress test on Friday and regular cardiology follow-up on Friday.
7. On 26th April, 2016, the petitioner was released on furlough leave by Nashik Central Prison, Nashik. It is the case of
