Anil Sureshbhai Batham (Kahar) vs State Of Gujarat
2021 Latest Caselaw 5256 Guj

        R/SCR.A/4427/2021                                ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION NO. 4427 of 2021

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                ANIL SURESHBHAI BATHAM (KAHAR)
                             Versus
                       STATE OF GUJARAT
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Appearance:
MR. NISARG D SHAH(7299) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS JIRGA JHAVERI, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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CORAM: HONOURABLE MS. JUSTICE GITA GOPI

                            Date : 23/04/2021

                             ORAL ORDER

1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent-State.

2. The present application has been filed by the applicant- convict praying to release him on parole leave on the ground of his own treatment for HIV.

3. In the case of Amrutbhai Bholidas Patel v. State of Gujarat reported in 2001 (1) GLH 328, this Court has observed that where the petitioner is an under-trial prisoner and his liberty and privilege has been temporarily curtailed, he cannot have the right to select a particular doctor or particular hospital from whom or from where he should get treatment. In other words, he does not have as much liberty as a free citizen enjoys to canvass the case that he should be treated by a particular doctor of his choice outside the City and more particularly, when the treatment which he requires

R/SCR.A/4427/2021 ORDER

is available in the City itself.

4. In the present case, the treatment for which the applicant is seeking parole leave could be provided by the concerned jail authority as the jail authority has its own panel of Medical Officers and is equipped with good facilities. Considering the facts of the case in light of the judgment rendered in Amrutbhai Bholidas Patel's case (supra), this Court finds no reason to entertain this application. Hence, the application is rejected. The applicant be informed accordingly. Rule is discharged.

(GITA GOPI,J)

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