Rehana Nasir Keval v. The State Of Maharashtra And ORS

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1785 OF 2017 Mrs.Rehana Nasir Keval Age : 52 years, R/o 202, Panchratna Tower, Naya Nagar, Behind Shams Masjid, Mira Road (East), Dist : Thane Pin code - 401 107.

.. Petitioner Vs.

1. The State of Maharashtra

2. The Supt. Of Prison, Nashik Central Prison.

3. The Dean, J.J.Hospital, Mumbai .. Respondents Mrs.Farhana Shah, for the Petitioner.

Mrs.G.P. Mulekar, APP for State.

CORAM : SMT. V.K.TAHILRAMANI & M.S.KARNIK, JJ.

26th APRIL, 2017 ORAL JUDGMENT (PER SMT.

V.K.TAHILRAMANI. J) :

1.

Heard both sides.

2.

Rule. By consent of the parties, Rule is made returnable forthwith and the matter is heard finally. 1/3

3.

Mr.Nasir Abdul Kadar Keval has been convicted and is undergoing the sentence of life imprisonment at Nashik Central Prison. Mr.Nasir Abdul Kadar Keval who is the husband of the petitioner is presently hospitalised in J.J.Hospital due to cardiac ailment. It is stated that he has been operated on 17/04/2017 in J.J. Hospital for his cardiac ailment. The prayer of the petitioner is that she along with her son - Uneb Nasir Keval, her daughters - Nayab Nasir Keval & Sana Nasir Keval, brother of the convict - Mr.Abdulla Abdul Kader Keval be allowed to meet Mr.Nasir Abdul Kadar Keval in J.J.Hospital. The names of the 5 relatives of the convict are as under : (i) Rehana Nasir Keval - Wife / Petitioner (ii) Uneb Nasir Keval - Son (iii) Nayab Nasir Keval - Daughter (iv) Sana Nasir Keval - Daughter (iv) Mr.Abdulla Abdul Kader Keval - Brother of the convict 4.

Learned APP states that the Jail Manual permits the visit by relatives of the convict in case the convict is in hospital. The visiting hours of the hospital are 4 .00 p.m. to 7.00 p.m. In 2/3

this view of the matter, till Mr.Nasir Abdul Kadar Keval is hospitalised each of the abovementioned relatives is allowed to meet him during the visiting hours of the hospital for half an hour each. It is made clear that only one relative can meet the convict - Mr.Nasir Abdul Kadar Keval at a time and that too for a maximum period of half an hour each. This is however subject to permission given by Doctor to visit the patient. 5.

Rule is made absolute in the above terms.

6.

Authenticated copy be furnished.

(M.S.KARNIK, J.) (SMT. V.K.TAHILRAMANI, J.) 3/3