Madhya Pradesh High Court
Kamla Bai vs The State Of Madhya Pradesh on 10 November, 2020
Author: Shailendra Shukla
Bench: Shailendra Shukla
1
THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Cr. A. No.1495 of 2020
(Kamala Bai vs. State of MP)
Indore, dated : 10.11.2020
Shri Raghav Shrivastava, learned counsel for the appellant is
present in person through Video Conferencing.
Shri Bhaskar Agrawal, learned Public Prosecutor for the
respondent - State is present in person through Video Conferencing.
Per Shailendra Shukla, J.
Considered I.A. No.7489/2020, which is an application for urgent hearing.
On due consideration, I.A. No.7489/2020 stands disposed of. Also considered I.A. No.7488/2020, which is an application filed on behalf of appellant - Kamala Bai W/o Late Radheshyam, who has been convicted and sentenced by the 4th Additional Sessions Judge, Ratlam, vide its judgement dated 24.12.2019 passed in S. T. No.389/2011 as under :-
S. Conviction Sentence
No. under Section Imprison- Fine Imprison
ment Amount -ment in
lieu of fine
1 302 of IPC Life Rs.10,000/- 6 months RI
imprisonment
2 498-A of IPC 3 years RI Rs.5,000/- 6 months RI
The grounds which have been taken is that appellant is 72 years old lady and suffers from Hiatus Hernia and was advised for a surgery vide treatment paper dated 16.02.2018 of Civil Hospital, Ahemdabad. Now her condition is critical due to lack of treatment. The treatment papers are annexed as Annexure-C/1. The son of the appellant had 2 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Cr. A. No.1495 of 2020 (Kamala Bai vs. State of MP) enquired from the jail authorities of Superintendent, Central Jail, Ujjain and medical treatment papers received from the jail are placed at Annexure-C/2.
It has been submitted that up-till now appellant has not been operated upon for Hiatus Hernia and jail authorities are depriving her from surgery is inhuman and violation of her fundamental rights hence, temporary suspension of jail sentence for a period of three months has been sought.
Learned Public Prosecutor for the State was heard who has drawn attention of this Court towards the order dated 20.05.2020 passed by this Court in which it has been observed that corrective surgery can be performed at District Hospital, Ujjain and other higher government hospitals and a direction has also been issued to the jail authorities to make suitable arrangement for such surgery, if needed. The application for temporary suspension of jail sentence was rejected with the aforesaid observations. Thus, it is submitted that appellant can be operated upon as per the directions of this Court and there is no need for suspending her jail sentence when treatment can be made available at District Hospital itself.
Considered.
Perusal of documents filed by the appellant show that appellant is a patient of Hiatus Hernia. The documents received from the jail authorities show that treatment is being afforded to the appellant from February, 2020 onwards and she has also been shown at M. Y. Hospital, Indore on 17.07.2020. The aforesaid documents do show that the appellant has been having problem since quite sometime. However, as already observed earlier by this Court, treatment can be 3 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Cr. A. No.1495 of 2020 (Kamala Bai vs. State of MP) provided from District Hospital at Ujjain or if needed, at M. Y. Hospital, Indore.
Looking to the long-standing problem of the appellant, jail authorities at Ujjain are directed to get the surgical treatment of appellant performed either at District Hospital, Ujjain or if it is considered necessary, at M. Y. Hospital, Indore, within a period of two weeks.
With the aforesaid direction issued to the jail authorities at Ujjain, I.A. No.7488/2020 stands rejected for now with the belief that the jail authorities shall duly comply with the directions as aforesaid.
(S. C. Sharma) (Shailendra Shukla)
Judge Judge
gp
Digitally signed by Geeta Pramod
Date: 2020.11.11 14:56:23 +05'30'