Jaya Talakshi Chheda v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1541 OF 2015 IN CRIMINAL APPEAL NO.1012 OF 2013 Smt. Jaya Talakashi Chheda ..Applicant.

V/s.

The State of Maharashtra ..Respondent.

Mr.V.B.Mantri with Mr.B.G.Tangsali i/b. Ram Pawde for the applicant. Mr.K.V.Saste, APP for respondent-State.

CORAM : NARESH H.PATIL AND A.M.BADAR, JJ.

DATED : 18TH MARCH, 2016 P.C. :- 1.

Heard learned counsel for the applicant and learned APP for the State.

2.

By this application, the applicant prays for direction of temporary bail for 12 weeks to undergo open heart surgery as advised by the Medical Officer. We have perused the earlier order passed by this Court. Additional affidavit is placed on record today. We have perused the endorsement made by the 1/3

Medical Officer of Government Hospital, Nashik. 3.

APP has placed on record the medical report of the convict female prisoner Jaya Talakashi Chheda signed by Chief Medical Officer, Nashik Road Central Prison dated 17th March, 2016. APP has further placed on record a report submitted by the Department of Cardiology, J.J. Hospital dated 3rd March, 2016 addressed to Medical Superintendent of the J.J. Group of Hospitals. It mentions that the patient was examined by the Department of Cardiology on 4th February, 2016 and ECG, 2 Decho and cardio enzume tests were carried out on her which revealed on acute cardiac event. Patient was put on medical treatment and did not require any intervention procedure like angiography at that time. Medical Officer advised to continue medical treatment, stress test on Friday and regular cardiology follow-up on Friday.

4.

In view of these reports, it is clear that patient is being monitored for her stress related ailment. The Chief Medical Officer, Nashik Central Prison, if desires then, the patient could be again re-examined in the J.J. Hospital by senior Cardiologist. For the present, we are not inclined to 2/3

grant the prayer of the applicant. Hence the application is rejected.

5.

Registry to forward copy of this order to the Superintendent of Jail, Nashik Central Prison and Dean, J.J. Group of Hospitals, Mumbai.

(A.M.BADAR, J.) (NARESH H.PATIL, J.) 3/3