The High Court of Judicature at Bombay, Criminal Writ Petition No. 67 of 2014, addressed a petitioner's request for hospital admission due to sinus issues. The Court noted medical reports indicated stable health and no immediate surgical need, leading to the discharge of the writ rule.
Rule discharged; no further orders necessary.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
wp.67.14.4.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 67 OF 2014 (THROUGH JAIL)
Jitendra Shantilal Modha, Convict-16530, Age : 43 years, Presently lodged at Yerwada Central Prison, Pune – 6 ...Petitioner
Versus
State of Maharashtra ...Respondent
Mr. Prosper D'Souza for the Petitioner
Mr. H. J. Dedia, A.P.P for the Respondents-State
CORAM : SMT. V. K. TAHILRAMANI & REVATI MOHITE DERE, JJ. TUESDAY, 17th JANUARY, 2017
ORAL JUDGMENT (Per Smt. V. K. Tahilramani, J.) :
2. Rule. By consent, rule is made returnable forthwith
and the matter is heard finally.
suffering from Sinus problem and in the last three months, his
1/3
SQ Pathan
wp.67.14.4.doc
medical problem has increased due to which his nose is leaking all the time and he is unable to sleep. His medical problem also interferes in his day-to-day activities. The grievance of the petitioner is that though on two or three occasions, he has requested the jail authorities to send him to Sassoon Hospital, he could not be sent, as no escort was made available by the police.
2/3
SQ Pathan
wp.67.14.4.doc
of the petitioner is stable and he is not suffering from any serious illness regarding his nose. It is stated that in the past also, the petitioner has been referred to Sassoon Hospital to be examined by an expert on 23rd November, 2016. The petitioner's health condition is stable. Learned A.P.P states that at present, the petitioner has been prescribed treatment for 7 days and thereafter, the petitioner will be taken for follow-up to Sassoon Hospital. In this view of the matter, no further orders are necessary. Hence, rule is discharged.
(REVATI MOHITE DERE, J.) (V. K. TAHILRAMANI, J.)
3/3
SQ Pathan
2 issues framed by the court
Whether the petitioner ought to be admitted to Sassoon Hospital for ENT treatment considering his sinus problems.
Whether the absence of police escort was sufficient to deny medical treatment.
Jitendra Shantilal Modha
State of Maharashtra
V. K. TAHILRAMANI
REVATI MOHITE DERE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
