Rehana Nasir Keval vs The State Of Maharashtra And Ors
2017 Latest Caselaw 2022 Bom

                                                                               901. wp 1785.17.doc

Urmila Ingale

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION
                               CRIMINAL WRIT PETITION NO. 1785 OF 2017

                 Mrs.Rehana Nasir Keval
                 Age : 52 years,
                 R/o 202, Panchratna Tower,
                 Naya Nagar, Behind Shams Masjid,
                 Mira Road (East), Dist : Thane
                 Pin code - 401 107.                               .. Petitioner

                         Vs.

                 1.  The State of Maharashtra

                 2.  The Supt. Of Prison,
                       Nashik Central Prison.

                 3.  The Dean,
                       J.J.Hospital, Mumbai                        .. Respondents

                 Mrs.Farhana Shah, for the Petitioner.
                 Mrs.G.P. Mulekar, APP  for State.


                                               CORAM : SMT. V.K.TAHILRAMANI &
                                                              M.S.KARNIK, JJ.

26th APRIL, 2017

ORAL JUDGMENT (PER SMT.

V .K.TAHILRAMANI. J) :

1. Heard both sides.

2. Rule. By consent of the parties, Rule is made

returnable forthwith and the matter is heard finally.

901. wp 1785.17.doc

3. Mr.Nasir Abdul Kadar Keval has been convicted and

is undergoing the sentence of life imprisonment at Nashik

Central Prison. Mr.Nasir Abdul Kadar Keval who is the husband

of the petitioner is presently hospitalised in J.J.Hospital due to

cardiac ailment. It is stated that he has been operated on

17/04/2017 in J.J. Hospital for his cardiac ailment. The prayer

of the petitioner is that she along with her son - Uneb Nasir

Keval, her daughters - Nayab Nasir Keval & Sana Nasir Keval,

brother of the convict - Mr.Abdulla Abdul Kader Keval be

allowed to meet Mr.Nasir Abdul Kadar Keval in J.J.Hospital.

The names of the 5 relatives of the convict are as under :

(i) Rehana Nasir Keval - Wife / Petitioner

(ii) Uneb Nasir Keval - Son

(iii) Nayab Nasir Keval - Daughter

(iv) Sana Nasir Keval - Daughter

(iv) Mr.Abdulla Abdul Kader Keval - Brother of the convict

4. Learned APP states that the Jail Manual permits the

visit by relatives of the convict in case the convict is in hospital.

The visiting hours of the hospital are 4 .00 p.m. to 7.00 p.m. In

901. wp 1785.17.doc

this view of the matter, till Mr.Nasir Abdul Kadar Keval is

hospitalised each of the abovementioned relatives is allowed to

meet him during the visiting hours of the hospital for half an

hour each. It is made clear that only one relative can meet the

convict - Mr.Nasir Abdul Kadar Keval at a time and that too for a

maximum period of half an hour each. This is however subject

to permission given by Doctor to visit the patient.

5. Rule is made absolute in the above terms.

6. Authenticated copy be furnished.

(M.S.KARNIK, J.) (SMT. V.K.TAHILRAMANI, J.)