Jaya Talakshi Chheda vs. The State Of Maharashtra Ministry Of Home Affairs Secretary

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 1808 OF 2017 [ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL) NO.7097 OF 2017]

JAYA TALAKSHI CHHEDA ...APPELLANT(S)

VERSUS

THE STATE OF MAHARASHTRA ...RESPONDENT(S)

ORDER

1. 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 whereafter 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.

....................,J. (RANJAN GOGOI)

...................,J. (NAVIN SINHA)

NEW DELHI OCTOBER 24, 2017

ITEM NO.9 COURT NO.3 SECTION II-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

PETITION FOR SPECIAL LEAVE TO APPEAL (CRIMINAL) NO.(S).7097/2017 [ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 04.09.2017 PASSED IN CRL.APP.NO.646/2017 IN CRL.A. NO.1012/2013 PASSED BY THE HIGH COURT OF JUDICATURE AT BOMBAY]

JAYA TALAKSHI CHHEDA Appellant(s)

VERSUS

THE STATE OF MAHARASHTRA Respondent(s)

Date : 24-10-2017 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE NAVIN SINHA

	For Appellant(s)	Ms. Meenakshi Arora, Sr. Adv.
		Mr. Rama D. Pawade, Adv.
		Mr. Subodh S. Patil, AOR
		Mr. Akhil Nene, Adv.

For Respondent(s)

Mr. Nishant R. Katneshwarkar, Adv. Mr. Deepak Thakre, Adv. (Govt. Pl.)

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeal is disposed of in terms of the signed

order.

[VINOD LAKHINA] [ASHA SONI] AR-cum-PS BRANCH OFFICER

[SIGNED ORDER IS PLACED ON THE FILE]