Disposed

Jaya Talakshi Chheda v. the State of Maharashtra

Bombay HC8 Jul 2016APPA/744/2016

Case brief

AI extract

What is this about?

In a criminal application for bail, the court directed Jail Authorities to shift the applicant to Sir J.J. Hospital in Mumbai for imminent spinal surgery within one week, mandating the State to facilitate admission and treatment, while explicitly rejecting the prayer for temporary bail.

What did the court decide?

Applicant directed to be shifted to Sir J.J. Hospital for surgery within one week; temporary bail rejected.

Jaya Talakshi Chheda Vs the State of Maharashtra — Bail and Remand | Bombay HC (2016)

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rsk 1 APPA-744-16.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.744 OF 2016 IN CRIMINAL APPEAL NO.1012 OF 2013

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Smt. Jaya Talakhsi Chheda ...Applicant vs. That State of Maharashtra ...Respondent

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...

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Mr. P. K. Dhakephalkar, Senior Advocate a/w Mr. B. G. Tangsali & Mr. Shekhar Ingawale i/b Mr. Santosh Shankar Musale for the applicant.

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Dr. F.R. Shaikh, APP for the State.

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…

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CORAM : A.S. OKA & A.A. SAYED, JJ. DATE : 8^th JULY, 2016.

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P.C. :

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. Not on board. Taken on board.

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Perused the report dated 7^th July, 2016 submitted by the Chief Medical Officer, Nashik Road Central Prison. We have perused the report dated 28^th June, 2016 by the same Chief Medical Officer. It records that the applicant needs surgical intervention for spine and shoulder to avoid shoulder joint dislocation and will be sent for further medical management. In the report which is tendered today dated 7^th July, 2016 it is stated that the applicant will be sent to Sir J. J. Hospital and Grant Medical College, Mumbai for further medical management.

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rsk 2 APPA-744-16.doc

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In view of this statement, it is not necessary to grant the prayer for temporary bail. Hence, we dispose of the application by the following order.

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ORDER

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i) We direct the Jail Authorities to ensure that the applicant is shifted to Sir J. J. Hospital, Mumbai within a period of 1 week from today;

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(ii) The State shall ensure that the applicant is admitted in Sir J. J. Hospital within a period of one week from today and will further ensure that if necessary, the surgery is performed as expeditiously as possible. Needless to say that if the applicant is required to undergo any further tests, necessary steps shall be taken by Sir J.J. Hospital, Mumbai;

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(iii) All concerned including Jail Superintendent, Nasik Road and the Dean of Sir J. J. Hospital to act on the authenticated copy of this order. In the event, surgery is found necessary and is not performed within a period of 3 weeks, the applicant is at liberty to move this court for the appropriate direction. If surgical intervention is not found necessary by J.J. Hospital, the applicant shall be sent back;

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(iv) The prayer for grant of temporary bail is rejected. (v) The Criminal Application is disposed of in the above

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terms.

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(A.A. SAYED, J.)

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(A.S. OKA, J.)

Jaya Talakshi Chheda v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Jaya Talakshi Chheda v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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