J.G. Chitre, J.
1. Ms. Fatoma Barimah, the convict has preferred Criminal Appeal No. 229 of 2001. The lady has prayed for suspension of sentence temporarily on the ground that she is suffering from excessive high bleeding. In view of that, a report from Superintendent of Yeravada Jail was called which showed that the said lady was sent for medical treatment in the month of June 2001. Thereafter she was sent for medical treatment recurrently but the report did not show that surgical operation was performed on her for curing her said disease. That necessitated calling an appropriate report from the Superintendent of Sassoon Hospital, Pune. Initially the report was vague and, therefore, for necessary clarifications which Shri Suryavanshi was unable to give, Superintendent of Sasson Hospital, Pune was required to be called for answering the queries of the Court and to give necessary information to the Court for deciding her application for suspension of sentence as she happens to be sentenced to RI for 12 year for an offence punishable under the provisions of the Narcotic Drugs and Psychotropic substances Act, 1985 (hereinafter referred to as NDPS Act, 1985 for convenience.
2. The answers given to the queries by both Shri Suryavanshi and Shri Doiphode, Superintendents of Yeravada Prison and Sasson Hospital, Pune made it necessary to inquire into the matter further for knowing whether medical treatment is given to under-trial prisoners or convicts in Yeravada Jail, Pune and whether they are properly medically treated in Sassoon Hospital, Pune. Now a detailed report is available which is coming from Superintendents, Yeravada Central Prison and Sassoon Hospital, Pune and that gives sufficient idea about the ailments which the said applicant is suffering from.
3. The medical papers submitted by Dr. Doiphode and Dr. Dhase, Additional Superintendent of Session Hospital, Pune showed that when the said convict was asked whether she was ready to undergo the surgical operation in respect of the said ailment, she refused. Therefore, question arises as to what was the reason for her refusal and, therefore, a report was called about the facilities which Sassoon Hospital provides for such female under-trials and convicts. A report was also called from Yeravada Jail, Pune. Otherwise, this was a matter which was deserving to be referred to Human Rights Commission for further enquiry.
4. Today Shri Suryavanshi seems to have come after performing home work. He answered queries properly. Dr. Dhase also submitted a detailed report in respect of the medical facilities available and further submitted that privacy would be created for female undertrials and convicts coming for medical treatment. That is necessary to be done keeping in view our democratic pattern and the dignity of womanhood which has been respected in our country. Dr. Dhase has promised that all necessary precautions would be taken and all necessary facilities would be rendered. In this context, a question was asked to Mr. Hingorani as to why the applicant is not ready to undergo necessary surgery in Sassoon Hospital, Pune which seems to be satisfactorily well equipped with necessary medicos and instruments and other allied facilities. Even injunction decadently 3.75 mg worth Rs. 7,300/- was also made available. A convict has to accept the medical facilities of the country where he has been caught committing the offence and where he has been tried according to that countries law and where he has been convicted and detained in the prison. When the hospitals of that country are well equipped with efficient doctors, surgeons, physicians, pathologists, X-Ray medicos, such convict has to think seriously of utilising such facilities. None can help him for his luxuries which are beyond accepted norms of human rights. This Court is satisfied that all such facilities are available in Sassoon Hospital in pune after perusing the reports as they depict.
5. The applicant Ms. Fatoma Barimah has been convicted and sentenced for a serious offence and the sentence is also of a long term. The instances of absconding under the garb of medical treatment are not known. Therefore, necessary precautions are always necessary to be taken. In respect of foreign nationals, question has always to be well attended to whether such undertrials or convicts would be available for trial or hearing of the trial/appeals, if released on bail or by suspension of sentence and resultant bail. In that context the seriousness of the offence for which such convict has been charged plays an important role. Prima facie strength of evidence adduced by the prosecution against such undertrial or convict assumes importance. Larger interest of the society plays a pivotal role. Needless to point out that presence of such person for the trial or final hearing of the appeal cannot be forgotten.
6. Thus, summing up all, this Court comes to a conclusion that this is not a fit case in which the applicant/appellant needs to be released on temporary bail or temporarily suspending her sentence for undergoing the surgery for such an ailment in private hospital of her choice when Sassoon Hospital, Pune is well equipped. Thus, the prayer stands rejected. Keeping in view the circumstances of the case, the appeal can be heard at an early date. Shri Suryavanshi, Superintendent, Yervada Jail, Dr. Dhase, Additional Superintendent of Sassoon Hospital are exonerated from their obligation of attending the Court for giving satisfactory information to this Court for deciding the lis before it as it has been now decided so far as the application is concerned. Shri Mind, Jailer is hereby directed to attend the Court punctually and the office of the Public Prosecutor and Additional Public Prosecutor punctually without fail whenever called. The reports and the papers tendered in the matter be kept in the file. The applicant is at liberty to move an application for early hearing of the appeal.
Parties to act on an ordinary copy of this order duly authenticated by the Private Secretary of this Court.