JAYA TALAKHSI CHHEDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this writ petition filed under Articles 226 and 227 of the Constitution of India, read with section 389 of the Criminal Procedure Code, 1973, the petitioner has applied for quashing and setting aside the Crime No. 185 of 2016 registered with the Pantnagar Police Station and seeks suspension of the sentence for temporary period of 16 weeks from the date of the order to enable the petitioner to take recourse of medical treatment without any mental pressure or of hypertension. Some of the relevant facts for the purpose of deciding this petition are as under:-

(2.) By an order dated 31st July 2013, the petitioner was convicted by the learned Sessions Judge at Greater Bombay for an offence punishable under section 120(B), 302 read with section 34 of the Indian Penal Code, 1860 and was sentenced to suffer rigorous imprisonment for life and to pay fine along with other accused named therein. The petitioner impugned the said order dated 31st July, 2013 by way of Criminal Appeal (1012 of 2013) before this court. The said appeal filed by the petitioner is admitted and is pending for hearing and final disposal.

(3.) Sometimes in the year 2013, the petitioner preferred an application (1785 of 2013) inter alia praying for a temporary bail on medical grounds before this court. By an order dated 23rd Dec., 2013, this court rejected the said bail application. This court however directed the respondent to transfer the petitioner from the J.J. Hospital to Jaslok Hospital for treatment at her own cost including the room charges, medicine and the charges of the medical officers for performing the surgery etc. This court however rejected the application for her release on temporary bail.